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14.31.06.00.htm 14.31.06.00. Title 14 INDEPENDENT AGENCIES Subtitle 31 OFFICE FOR CHILDREN Chapter 06 Standards for 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
14.31.06.01.htm 14.31.06.01. 01 Purpose.. This chapter articulates the standards that must be met and maintained by residential child care programs for children and youth. These requirements are designed to protect the health, safety, and well being of children placed in residential child care programs.
14.31.06.02.htm 14.31.06.02. 02 Scope.. A. This chapter applies to residential child care programs licensed by the Department of Human Resources (DHR) Department of Health and Mental Hygiene (DHMH) and Department of Juvenile Services (DJS) including the following residential programs for children:1) Alternative living units;. 2) Group homes;. 3) Nonpublic residential educational facilities;. 4) DHMH/Community Mental Health Programs/Residential Crisis Services;.
14.31.06.03.htm 14.31.06.03. 03 Definitions.. A. In this chapter, the definitions in COMAR 14.31.05 apply, and the following terms have the meanings indicated.B. Terms Defined.. 1) “Administration” means the licensing agency.. 2) “Behavior intervention plan” means a plan that is based on the functional behavioral assessment, designed to address challenging behaviors through the use of positive behavioral interventions, strategies, and supports, developed by a human services professional as defined
14.31.06.04.htm 14.31.06.04. 04 Governance.. A. Legal Status. The licensee shall be incorporated under applicable law and maintain documents which identify its incorporation and administrative structure and staffing, including lines of authority.B. Governance. The corporation shall have by-laws which describe the Board’s legal responsibility for and authority over the policies, finances, and all related activities for implementing the program in accordance with Human Services Article, §8-806. The Board shall:
14.31.06.05.htm 14.31.06.05. 05 Personnel Administration.. A. Personnel Policies.. 1) The board of directors shall:. a) Adopt and adhere to written personnel policies; and. b) Review the policies at least every 2 years.. 2) The written policies shall include the following provisions:. a) Annual performance evaluation;. b) Communicable diseases;. c) Confidentiality of records;. d) Description of job responsibilities;. e) Drug and alcohol free workplace;. f) Employee discipline, suspension, and dismissal;.
14.31.06.06.htm 14.31.06.06. 06 Employee Duties and Qualifications.. A. Program Administrator.. 1) The Board shall employ a certified program administrator responsible for:. a) Overall administration of the program;. b) Implementation of all policies;. c) Maintenance of the physical plant; and. d) Fiscal accountability.. 2) The program administrator shall be certified as required by Health Occupations Article, Title 20, Annotated Code of Maryland.3) The Board may appoint a noncertified individual
14.31.06.07.htm 14.31.06.07. 07 Physical Plant.. A. General Requirements. The licensee shall:. 1) Comply with federal, State, and local building, fire, and health codes and laws, and all applicable local zoning laws;2) Use a physical plant that is constructed and equipped in a manner consistent with the needs of the children, staff, and visitors and that is constructed and maintained reasonably to protect and to ensure the safety of all staff and residents;
14.31.06.08.htm 14.31.06.08. 08 Emergencies and General Safety.. A. Emergencies.. 1) The licensee shall:. a) Hold emergency drills:. i) At least monthly;. ii) On each shift, at least quarterly;. iii) At unexpected times and under varying conditions; and. iv) Maintain documentation of drills for 3 years;. b) Post adjacent to all telephones a list of emergency telephone numbers for:. i) Ambulance;. ii) Fire;. iii) Police;. iv) Poison control; and. v) Program administrator;. c) Post accessible copies
14.31.06.09.htm 14.31.06.09. 09 General Program Requirements.. A. Community Integration. The licensee shall:. 1) Develop and institute a plan to integrate the program into the life of the community, ensuring that children have opportunities to participate in community activities to a degree consistent with their needs and limitations;2) Ensure that community residents have reasonable access to the program administrator to address concerns about the program staff and residents;
14.31.06.10.htm 14.31.06.10. 10 Basic Life Needs.. A. General. The licensee shall have a structured plan of care designed to meet the children's physical needs and well-being.B. Food and Nutrition. The licensee shall:. 1) Serve food that meets or exceeds the children's recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences;2) Maintain at least a 72-hour supply of food in accordance with the planned menu;. 3) Maintain nonperishable
14.31.06.11.htm 14.31.06.11. 11 Children's Rights.. A. General. The licensee shall provide services designed to meet the children's needs for guidance, learning, and personal development.B. Each child shall be treated in compliance with a “Residents’ Bill of Rights, as set forth in Human Services Article, §8-707, Annotated Code of Maryland.
14.31.06.12.htm 14.31.06.12. 12 Children's Services.. A. Education.. 1) Each licensee shall collaborate with the placing agency and document efforts to:. a) Ensure that each child of mandatory school age who has not earned a high school diploma or certificate of completion under COMAR 13A.03.02.02 is receiving an appropriate elementary or secondary school education;b) If the child is a student with disabilities, cooperate with the team constituted under COMAR 13A.05.01 as appropriate to e
14.31.06.13.htm 14.31.06.13. 13 Health Care.. A. General Health Services. The licensee shall:. 1) Establish and implement a written plan for the provision of preventive, routine, and emergency medical, dental, optical, and mental health care for the children;2) Establish and implement a written policy for documenting and addressing health complaints; and. 3) Obtain written authorization from a parent, legal guardian, or other authorized individual for emergency and non-emergency medical, dental, optical
14.31.06.14.htm 14.31.06.14. 14 Child Abuse and Neglect.. A. Written Policy. The licensee shall establish and implement a written policy that sets out, in compliance with State law and regulations:1) The definitions of child abuse and neglect;. 2) The procedures to be followed if the licensee has reason to believe that a child has been subjected to abuse or neglect; and3) The penalties that the program may impose for failure to comply with the policy.. B. Reporting Requirements.. 1) An individual who noti
14.31.06.15.htm 14.31.06.15. 15 Behavioral Interventions, Strategies, and Supports.. A. General Policies.. 1) The licensee shall establish and follow written policies and procedures that:. a) Are communicated to the child, the child’s parent or legal guardian, program personnel, licensing agency, and the placing agency;b) Incorporate the principles of positive behavioral interventions, strategies and supports, and trauma-informed care into all prevention and intervention strategies;c) Specify the approved p
14.31.06.16.htm 14.31.06.16. 16 Absence Without Leave.. A. Written Policy. The licensee shall have and follow a written policy to govern its actions when a child is discovered to be absent without leave.B. Child’s Return. Unless otherwise specified in the child’s individual plan of care, if the child has not returned to the program within 1 hour of the program discovering that the child is missing or unaccounted for, the licensee shall notify:1) The local law enforcement authority;. 2) The placing agency;.
14.31.06.17.htm 14.31.06.17. 17 Admission, Individual Plan of Care, Behavior Intervention Plan, and Discharge.. A. General Requirements.. 1) The licensee shall have and follow written policies regarding:. a) Admission;. b) Individual plan of care;. c) Behavior intervention plan;. d) Behavior support services; and. e) Discharge.. 2) The licensee shall form a team comprised of at least the following individuals to participate in the:a) Admission process:. i) A representative designated by the placing agency;.
14.31.06.18.htm 14.31.06.18. 18 Reports and Records.. A. General Requirements. The licensee shall:. 1) Submit reports and maintain records as directed by the licensing and contracting agencies in order to ensure compliance with these regulations and other federal and State laws; and2) Comply with requirements for incident reporting as specified by the licensing and contracting agencies.B. Confidentiality of Records. The licensee shall:. 1) Have and follow written procedures for the maintenance and security of i
14.31.06.19.htm 14.31.06.19. 19 Program Planning, Evaluation, and Quality Improvement.. A. Program Planning and Evaluation. The licensee shall have a formal process for program planning and evaluation which includes at least:1) A clearly stated written mission for the program approved by the board of directors;. 2) A set of measurable goals and objectives which is based upon the mission, program, population served, and State-mandated outcome measures;
14.31.06.9999.htm 14.31.06.9999. Administrative History Effective date: November 22, 2004 (31:23 Md. R. 1651) ―. COMAR 01.04.07 revised and recodified to COMAR 14.31.06 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 .02 amended effective June 10, 2013 (40:11 Md. R. 975). Regulation .03B amended effective May 19, 2008 (35:10 Md. R. 973) June 10, 2013 (40:11 Md. R. 975).
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