A. A Statement of Need shall be issued by the Department of Human Services or the Department of Juvenile Services before:
(1) A prospective licensee may submit to the Office a proposal for a residential child care program in accordance with COMAR 14.31.02;
(2) An existing or previously licensed residential child care program is relocated to another site;
(3) The physical site of a residential child care program is expanded; or
(4) The number of placements in a residential child care program is increased.
B. In developing a statement of need, the Agencies shall:
(1) Consider needs identified in the State Resource Plan and the Interagency Strategic Plan;
(2) Consider the specialized mental, physical, and behavioral health and development needs of children in the county or region affected by the statement of need; and
(3) Give notice and an opportunity to comment on the proposed statement of need to stakeholders in the counties or regions affected by the statement of need, including:
(a) State and local child-serving agencies;
(b) Providers of residential and community-based services for children; and
(c) Children, parents, foster parents, and other guardians.
C. When the need for a residential child care program is identified, the Agencies shall publish a notice of a statement of need in the Maryland Register.
D. The statement of need shall include:
(1) Identification of the geographic area or areas of need, including the primary region or regions of residence of the children who will be placed in the facility;
(2) Identification of population to be served, including specialized mental, physical, behavioral health, and developmental needs of the children affected by the statement of need;
(3) Description of services that will be provided;
(4) Description of the current availability of the proposed services in the region or regions;
(5) Description of the actual or projected number of children who need the proposed services from the region or regions;
(6) Number of beds required;
(7) Description of the methodology used as the basis for the agency's calculations set forth in a manner that permits independent verification if requested;
(8) Date by which proposals must be submitted;
(9) Date by which beds must be available; and
(10) Selection criteria.
E. Proposals for a residential child care program must be submitted to the Office in accordance with COMAR 14.31.02 only in response to a published statement of need.
F. The Agencies may not grant a license for a residential child care program unless a statement of need has been issued.
G. The Agencies may not delegate their authority to issue a statement of need.
H. The Agencies shall perform the licensure for a residential child care program in accordance with the applicable provisions of COMAR 14.31.05.
I. The Agencies shall perform an evaluation of responses to requests for proposals, and selection of a contractor in accordance with the applicable provisions of COMAR 21.05.03 and other applicable statutes and regulations.