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14.31.05.00.htm 14.31.05.00. Title 14 INDEPENDENT AGENCIES Subtitle 31 OFFICE FOR CHILDREN Chapter 05 Licensing and Monitoring of Residential Child Care Programs Authority: Education Article, §8-301―8-303 and 8-401―8-417; Family Law Article, §5-506, 5-508―5-510; Health-General Article, §2-104, 7-904, 8-404, 10-922, and 10-924; Health Occupations Article, §20-302; Human Services Article, §2-209, 2-212, 9-203, 9-204, 9-221, 9-231, 9-234, and 9-235; Annotated Code of Maryland
14.31.05.01.htm 14.31.05.01. 01 Purpose.. This chapter sets forth the process in Maryland for licensure of residential child care programs and monitoring of residential child care programs for children and youth, and establishes the procedures which applicants must follow in order to obtain licensure. The licensure and monitoring processes are designed to protect the health, safety, and well being of children placed in residential child care programs.
14.31.05.02.htm 14.31.05.02. 02 Scope.. A. This chapter applies to residential child care programs licensed by the Department of Human Resources, the Department of Health and Mental Hygiene, and the Department of Juvenile Services, including the following programs for children:1) Alternative living units;. 2) Emergency shelter placement;. 3) Group homes;. 4) Mother-infant programs;. 5) Nonpublic residential educational facilities;. 6) Programs for medically fragile children;.
14.31.05.03.htm 14.31.05.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Agency" means the Department of Health and Mental Hygiene, the Department of Human Resources, or the Department of Juvenile Services.2) "Alternative living unit" means a residence owned, leased, or operated by a licensee that:. a) Provides residential services for children who, because of a developmental disability, require specialized living arrangements;
14.31.05.04.htm 14.31.05.04. 04 Organization and Administration.. A. Incorporation.. 1) Each applicant and licensee shall be incorporated and maintain their corporate status.. 2) The applicant shall submit to the licensing agency:. a) A certified copy of the articles of incorporation and by-laws, before licensure and upon request of the licensing agency; andb) At least 45 days before the proposed implementation date, any changes in the:. i) Corporate name;. ii) Articles of incorporation; or. iii) By-laws..
14.31.05.05.htm 14.31.05.05. 05 Licensing Process.. A. Initial Inquiries.. 1) An applicant initially shall direct inquiries for obtaining a license to the Governor's Office for Children in accordance with COMAR 14.31.02.2) Based upon a completed proposal submitted by the applicant in accordance with COMAR 14.31.02, the Governor's Office for Children shall designate a licensing agency.3) The licensing agency shall send an application to the applicant upon referral from the Governor's Office for Children.
14.31.05.06.htm 14.31.05.06. 06 Monitoring and Evaluation of Programs.. A. Monitoring Activities.. 1) For monitoring purposes, the licensing agency may require the licensee to make its records, personnel, residents, and facilities available on an announced or unannounced basis:a) At any time, if the agency's visit concerns a matter regarding the health, safety, or proper care of the program's residents; orb) At a reasonable time during the program's business hours, if the visit concerns other matters..
14.31.05.07.htm 14.31.05.07. 07 Interagency Monitoring of Residential Child Care Programs.. A. A licensing or placing agency may request that a program be monitored by an interagency team if:. 1) Children placed by multiple agencies may be affected by suspected deficiencies in the program's compliance with State licensing or other legal requirements; or2) The expertise of another agency is required to adequately assess a program's compliance or remedy noncompliance with particular State licensing reg
14.31.05.08.htm 14.31.05.08. 08 Corrective Actions.. A. If the licensing agency determines through its monitoring and evaluation activities that a program is deficient in meeting the licensing requirements of this chapter, COMAR 14.31.06, or COMAR 14.31.07, and the licensing agency chooses to require a corrective action plan, it shall:1) Determine whether it is necessary during the pendency of the corrective action process to:. a) Remove children currently placed in the facility; or.
14.31.05.09.htm 14.31.05.09. 09 Sanctions.. A. Causes for Sanctions.. 1) The licensing agency may impose sanctions on a program, regardless of whether acorrective action plan is required in accordance with Regulation .08A of this chapter, for violations of the regulations of this chapter, COMAR 14.31.06 or 14.31.07, or any combination of these.2) Sanctions may also be imposed for:. a) Misrepresentations of fact to the licensing agency, a placing agency, the Office for Children, or the Interagency Rates Co
14.31.05.10.htm 14.31.05.10. 10 Hearings.. A. Right to Hearing. An applicant or licensee has a right to a hearing under the contested case provisions of the Maryland Administrative Procedure Act when:1) A licensing agency proposes to deny an application for a license;. 2) A licensing agency proposes to deny an application for renewal of a license;. 3) A licensing agency intends to impose sanctions or to suspend or revoke the license; or. 4) The licensee is subject to emergency action.. B. Request. A request for
14.31.05.11.htm 14.31.05.11. 11 Injunctions.. A. The licensing agency may seek to enjoin an institution, agency, society, individual, or set of individuals from operating a private residential child care program without a license or in violation of a term or condition of a license.B. The licensing agency shall file the request for an injunction in the circuit court in the jurisdiction in which the program is located or has an established place of business.
14.31.05.12.htm 14.31.05.12. 12 Variance and Waiver.. A. Request for Variance.. 1) An applicant or licensee may submit to the licensing agency a written request for a variance.. 2) An applicant or licensee shall demonstrate that the variance will:. a) Meet or produce the intended effect of each regulation for which the variance is requested; and. b) Maintain the health, safety, and well-being of the children in the program at or above the level required by the regulation for which the variance is requested.
14.31.05.13.htm 14.31.05.13. 13 Amendments to Regulations.. This chapter may not be amended unless the amendment is approved by the Office for Children, the Secretary of Health and Mental Hygiene, the Secretary of Human Resources, the Secretary of Juvenile Services, and the State Superintendent of Schools.
14.31.05.9999.htm 14.31.05.9999. Administrative History Effective date: November 22, 2004 (31:23 Md. R. 1651) ―. COMAR 01.04.06 revised and recodified to COMAR 14.31.05 as an emergency provision effective June 30, 2005 (32:15 Md. R. 1314) revised and recodified permanently effective November 24, 2005 (32:23 Md. R. 1828)Regulation .08A, B amended effective August 4, 2014 (41:15 Md. R. 892). Regulation .09A amended effective August 4, 2014 (41:15 Md. R. 892).
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