Md. Code, Hum. Servs. | Maryland Code, Human Services

Title 1

Subtitle 1

§ 1-101

(a) In this article the following words have the meanings indicated.

(b) “County” means a county of the State or Baltimore City.

(c) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(d) “State” means:

(1) a state, possession, territory, or commonwealth of the United States; or

(2) the District of Columbia.

Subtitle 2

§ 1-201

(a) Except as provided in subsection (b) of this section, a person may not disclose any information concerning an applicant for or recipient of social services, child welfare services, adult protective services, cash assistance, food stamps, or medical assistance that is directly or indirectly derived from the records, investigations, or communications of the State, a county, or a municipal corporation or a unit of the State, a county, or a municipal corporation or that is acquired in the course of the performance of official duties.

(b) This section does not prohibit the disclosure of information:

(1) in accordance with a court order;

(2) to an officer or employee of any state or local government or the United States, if the officer or employee is entitled to the information in an official capacity and the disclosure is necessary to administer:

(i) public assistance, medical assistance, social services, adult protective services, or child welfare services programs; or

(ii) voter registration in accordance with § 3–203 of the Election Law Article;

(3) to a fiduciary institution that reported suspected financial abuse or financial exploitation, if the fiduciary institution is authorized to request the information under § 1–306(h) of the Financial Institutions Article; or

(4) relating to adult protective services, to an officer or employee of any state or local government or the United States if the officer or employee is responsible for conducting an investigation in an official capacity and the disclosure is relevant to the investigation.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

§ 1-202

(a) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or record concerning child abuse or neglect.

(b) A report or record concerning child abuse or neglect shall be disclosed:

(1) under a court order;

(2) under an order of an administrative law judge, if:

(i) the request for disclosure concerns a case pending before the Office of Administrative Hearings; and

(ii) provisions are made to comply with other State or federal confidentiality laws and to protect the identity of the reporter or other person whose life or safety is likely to be endangered by the disclosure; or

(3) to the Division of Parole and Probation in the Department of Public Safety and Correctional Services if, as a result of a report or investigation of suspected child abuse or neglect, the local department of social services has reason to believe that an individual who lives in or has a regular presence in a child’s home is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child.

(1) may be disclosed on request to:

(i) personnel of the Social Services Administration or a local department of social services, law enforcement personnel, and members of multidisciplinary case consultation teams, including an addiction specialist as defined in Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating a report of known or suspected child abuse or neglect or providing services to or assessing a child or family that is the subject of the report;

(ii) local or State officials responsible for the administration of child protective services, juvenile services, or child care, foster care, or adoption licensing, approval, or regulations, as necessary to carry out their official functions;

(iii) the State Council on Child Abuse and Neglect or its designee, the State Citizens Review Board for Children or its designee, or a child fatality review team, as necessary to carry out their official functions;

(iv) a person who is the alleged abuser or neglector, if that person is responsible for the child’s welfare and provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;

(v) a licensed practitioner who, or an agency, institution, or program that, is providing treatment or care to a child who is the subject of a report of child abuse or neglect for a purpose relevant to the treatment or care;

(vi) a parent or other person who has permanent or temporary care and custody of the child, if provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;

(vii) 1. the appropriate public school superintendent or the principal or equivalent employee of a nonpublic school that holds a certificate of approval from the State or is registered with the State Department of Education to carry out appropriate personnel or administrative actions following a report of suspected child abuse involving a student committed by:

A. a public school employee in that school system;

B. an employee of that nonpublic school;

C. an independent contractor who supervises or works directly with students in that school system or that nonpublic school; or

D. an employee of an independent contractor, including a bus driver or bus assistant, who supervises or works directly with students in that school system or that nonpublic school; and

2. if the report concerns suspected child abuse involving a student committed by an employee, independent contractor, or employee of an independent contractor described in item 1 of this item and employed by a nonpublic school under the jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate superintendent of schools;

(viii) the director of a licensed child care facility or licensed child placement agency to carry out appropriate personnel actions following a report of suspected child abuse or neglect alleged to have been committed by an employee of the facility or agency and involving a child who is currently or was previously under the care of that facility or agency;

(ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article;

(x) subject to subsection (d) of this section, a licensed practitioner of a hospital or birthing center to make discharge decisions concerning a child, when the practitioner suspects that the child may be in danger after discharge based on the practitioner’s observation of the behavior of the child’s parents or immediate family members; or

(xi) the president of a Maryland public institution of higher education, as defined in § 10–101 of the Education Article, or the Chancellor of the University System of Maryland, to carry out appropriate personnel or administrative actions following a report of child abuse committed:

1. by an employee of the institution who has on–campus contact with children; or

2. by a contractor, an employee of a contractor, or a volunteer of the institution who has on–campus contact with children; and

(2) may be disclosed by the Department of Human Services to the operator of a child care center that is required to be licensed or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article or to a family child care provider who is required to be registered under Title 9.5, Subtitle 3 of the Education Article, to determine the suitability of an individual for employment in the child care center or family child care home.

(d) Only the following information concerning child abuse and neglect may be disclosed to a practitioner of a hospital or birthing center under subsection (c)(1)(x) of this section:

(1) whether there is a prior finding of indicated child abuse or neglect by either parent; and

(2) whether there is an open investigation of child abuse or neglect pending against either parent.

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

§ 1-203

(a) (1) In this section the following words have the meanings indicated.

(2) “Local department” means the department of social services that has jurisdiction in the county:

(i) where the allegedly abused or neglected child lives; or

(ii) if different, where the abuse or neglect is alleged to have taken place.

(3) “Local director” means the director of the local department.

(4) “Medical report” means a psychological, psychiatric, therapeutic, clinical, or medical report or evaluation related to the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector.

(5) “Secretary” means the Secretary of Human Services.

(b) (1) Notwithstanding any other provision of law and subject to paragraphs (2) and (3) of this subsection, the local director or the Secretary shall, within 30 days after receiving a request, disclose information concerning child abuse or neglect if the child:

(i) was in the custody of a local or State department or agency, or in the care of a foster parent;

(ii) is the subject of an investigation, a report, a referral, or a complaint received by a local or State department or agency; and

(iii) suffered a fatality or near fatality.

(2) Information disclosed in accordance with paragraph (1) of this subsection shall be limited to actions or omissions of the local department, the Department of Human Services, or an agent of the Department of Human Services.

(3) (i) On receiving a request to disclose information in accordance with paragraph (1) of this subsection, the Secretary promptly shall notify the State’s Attorney’s office of the request.

(ii) The State’s Attorney’s office shall be allowed 30 days after receipt of the notice required under subparagraph (i) of this paragraph to redact from the record any portion of the record that, if made public, would seriously hinder the ability of the State’s Attorney’s office to prosecute a criminal case arising from the incident.

(4) (i) If the State’s Attorney’s office redacts information in accordance with paragraph (3)(ii) of this subsection, the State’s Attorney shall notify the local director or the Secretary within 10 days after the conclusion of the related investigation or prosecution.

(ii) Within 30 days after notification from the State’s Attorney under subparagraph (i) of this paragraph, the local director or the Secretary shall disclose information in accordance with this section.

(1) the name of the allegedly abused or neglected child who has suffered a fatality;

(2) the date of the report of the alleged child abuse or neglect and of any prior or subsequent reports;

(3) the findings made by the local department at the conclusion of its investigation and the disposition made by the local department based on its findings;

(4) any services provided to the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

(5) the number of referrals for professional services for the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

(6) any prior adjudication as a child in need of assistance of the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector;

(7) the status of any case involving the child that was open at the time of the fatality or near fatality;

(8) a summary of the facts of the fatality or near fatality, including the date of the fatality or near fatality and, in the case of a fatality, the cause of death reported by the medical examiner; and

(9) any information concerning the circumstances of the alleged child abuse or neglect and the investigation of the circumstances, if the local director or the Secretary determines that the disclosure is consistent with the public interest.

(d) (1) The local director or the Secretary may not:

(i) disclose the identity of or provide an identifying description of the person who made the report;

(ii) disclose the name of a child who has suffered a near fatality, a sibling of the allegedly abused or neglected child, a parent of the allegedly abused or neglected child, an individual legally responsible for the child, the alleged abuser or neglector, or another household or family member;

(iii) except as provided in paragraph (2) of this subsection, disclose a medical report; or

(iv) except for the information described in subsection (c) of this section, disclose the file relating to the allegedly abused or neglected child.

(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the local director or the Secretary may disclose a medical report related to the cause of the child’s injury or death as a result of the alleged abuse or neglect.

(e) In consultation with the local directors, the Secretary shall develop a form for disclosure of the information described in subsection (c) of this section.

(f) This section does not grant a right to any person to receive the information described in subsection (c) of this section.

§ 1-204

This part does not prohibit:

(1) the publication, for administrative or research purposes, of statistics or other data that is classified in a manner that prevents the identification of particular persons or cases;

(2) the Department of Human Services from obtaining an individual’s financial records from a fiduciary institution in the course of verifying the individual’s eligibility for public assistance; or

(3) disclosures authorized under § 1–303 of the Financial Institutions Article.

§ 1-205

The Department of Human Services shall adopt regulations governing access to and use of confidential information that the Department or a local department of social services possesses.

§ 1-208

(a) In this part the following words have the meanings indicated.

(b) “Person in interest” means:

(1) a minor, if the information requested concerns treatment to which the minor has the right to consent and has consented under Title 20, Subtitle 1 of the Health - General Article;

(2) a parent, if the parental rights of the parent have not been terminated;

(3) a guardian, custodian, or representative of a minor, designated by a court, if authorized to act on behalf of or instead of a parent; or

(4) an individual authorized to act as a surrogate for a parent or guardian in accordance with the federal Individuals with Disabilities Education Act.

§ 1-209

(a) It is the intent of the General Assembly that public agencies that serve children, youth, and families in the State exchange information with the written consent of the person in interest or another individual authorized to give consent under this subtitle.

(b) The exchange of information under subsection (a) of this section is for the purpose of:

(1) carrying out the policy established under § 8-102 of this article for children, youth, and family services;

(2) facilitating the development of a seamless system of family-focused services; and

(3) achieving a comprehensive and coordinated interagency approach to providing a continuum of care that is family- and child-oriented.

§ 1-210

Notwithstanding any other State law and except as provided in § 1–211 of this subtitle, on written request, a public agency shall disclose information and records on children, youth, and families served by that agency to:

(1) another public agency that serves the same children, youth, and families;

(2) another public agency that has children or youth in a program, home, or residential facility funded or licensed by that agency; or

(3) the Governor’s Office for Children.

§ 1-211

(a) (1) A public agency may not disclose information or records under § 1-210 of this subtitle if:

(i) disclosure is prohibited by federal law; or

(ii) the public agency has not obtained written consent if required by § 1-212 of this subtitle.

(2) A public agency may disclose only the information and records that are identified specifically in the written request.

(b) (1) A public agency may not disclose child protective services records collected before October 1, 1993, unless the person in interest gives consent after being given an opportunity to review the records and the information to be disclosed.

(2) On request, the person in interest may review the entire child protective services record regarding the minor.

(3) A public agency may not disclose to the person in interest or a requesting public agency the identity of:

(i) a reporter of abuse or neglect; or

(ii) another person whose life or safety is likely to be endangered by the disclosure.

(c) Information and records disclosed to a public agency under this part shall remain confidential and, except as provided in § 1-212(c) of this subtitle, may not be further disclosed.

(d) Information collected by the Children’s Cabinet under § 1-212 of this subtitle may not be redisclosed in any form that reveals the identity of a recipient of services.

§ 1-212

(a) Except where the consent of the person in interest is not required by law, a public agency may disclose information or records under § 1–210 of this subtitle only after obtaining written consent from:

(1) the person in interest; or

(2) another individual authorized to give consent under subsection (b) of this section.

(b) (1) For the purposes of this subsection, a person in interest is considered not reasonably available if:

(i) after reasonable oral or written inquiry, the requesting public agency is unaware of the existence of a person in interest;

(ii) after reasonable inquiry, the requesting public agency cannot determine the location of a person in interest; or

(iii) after reasonable efforts by the requesting public agency to contact the person in interest, the person in interest has not responded in a timely manner, taking into account the needs of the minor for whom services are to be provided.

(2) If the person in interest is not reasonably available to give written consent, the following persons, not listed in order of priority, may consent in writing to the release of information or records regarding a minor:

(i) an adult who is acting as the parent of a minor, not including a teacher or a baby–sitter;

(ii) a court that has jurisdiction over an action affecting the parent–child relationship of which the minor is the subject; or

(iii) the Maryland Department of Health, the Department of Juvenile Services, or a local department of social services, that has the care and custody of a minor.

(3) A person authorized to consent to the release of information or records under paragraph (2) of this subsection shall confirm in writing that the person in interest is not reasonably available.

(4) The public agency releasing the information shall include the written confirmation in the record from which the information is released.

(i) notwithstanding any other State law; and

(ii) if disclosure is not prohibited by federal law.

(2) Without the consent of the person in interest, a public agency may disclose to the Children’s Cabinet:

(i) the name, address, date of birth, race, and sex of children receiving services; and

(ii) the types, dates, and duration of services provided to children by State and local agencies.

(3) The Children’s Cabinet may use information disclosed under paragraph (2) of this subsection only for planning, budgeting, evaluation, and analysis.

Title 2

Subtitle 1

§ 2-101

(a) In this title the following words have the meanings indicated.

(b) “Department” means the Department of Human Services.

Subtitle 2

§ 2-201

There is a Department of Human Services established as a principal department of the State government.

§ 2-202

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Human Services.

(2) The Secretary is the head of the Department.

(b) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.

(2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(d) The Secretary is entitled to the compensation provided in the State budget.

(e) The Secretary shall have a seal.

§ 2-203

(a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.

(b) The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.

§ 2-204

(a) With the approval of the Governor, the Secretary shall appoint three deputy secretaries.

(b) The deputy secretaries:

(1) serve at the pleasure of the Secretary; and

(2) are entitled to the compensation provided in the State budget.

(d) The Secretary shall designate a deputy secretary to be the acting secretary when the Secretary is absent from the State or otherwise unavailable.

§ 2-205

(a) In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary.

(b) The Secretary may designate a staff assistant to be in charge of a particular area of responsibility.

(c) (1) (i) The Secretary shall appoint each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant.

(ii) An employee specified in subparagraph (i) of this paragraph:

1. is in the executive service or management service of, or is a special appointment under, the State Personnel Management System; and

2. serves at the pleasure of the Secretary.

(2) Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.

§ 2-206

If the Secretary is required by law to make an appointment with the approval of the Governor to a particular office in the Department and the appointee is required to serve at the pleasure of the Secretary, the Secretary may not remove the appointee without first obtaining the Governor’s approval.

§ 2-207

(a) The appointment or removal of personnel by a unit in the Department is subject to the approval of the Secretary.

(b) The Secretary may delegate the power of approval established under subsection (a) of this section to the head or governing body of the unit.

§ 2-208

(a) This section does not apply to a unit in the Department to the extent that the unit is authorized by law to employ its own legal adviser or counsel.

(b) The Attorney General is the legal adviser to the Department.

(c) The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and its units.

(d) (1) The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary.

(2) The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns.

(3) The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and discretion of the Attorney General.

§ 2-209

(a) The Secretary shall adopt regulations for the office of the Secretary.

(b) (1) The Secretary shall review regulations proposed by a unit in the Department.

(2) The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department.

§ 2-210

The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.

§ 2-211

(a) The Secretary is responsible for planning activities of the Department.

(b) The Secretary may review and approve, disapprove, or revise the plans, proposals, and projects of units in the Department.

§ 2-212

The Secretary may exercise or perform any power, duty, responsibility, or function of any unit in the Department.

§ 2-213

In addition to any advisory boards established by law, the Secretary, with the approval of the Governor, may create advisory boards or use as an advisory board any existing commission established by executive order.

Subtitle 3

§ 2-301

The following units are in the Department:

(1) the Child Support Administration;

(2) the Family Investment Administration;

(3) the Social Services Administration;

(4) the Maryland Commission for Women;

(5) the Two Generation Family Economic Security Commission; and

(6) any other unit that by law is declared to be part of the Department.

§ 2-302

The Department shall maintain a website on which to post notices of petitions under §§ 5-316(f)(3)(ii), 5-3A-15(d)(3)(ii), and 5-3B-15(f)(3)(ii) of the Family Law Article.

§ 2-303

(a) (1) In this section the following words have the meanings indicated.

(2) “Career” means an occupation that provides opportunities for upward mobility and professional progress.

(3) “Eligible county” means:

(i) Baltimore City;

(ii) Baltimore County; or

(iii) Prince George’s County.

(4) “Eligible local school system” means:

(i) the Baltimore City public school system;

(ii) the Baltimore County public school system; or

(iii) the Prince George’s County public school system.

(5) “Pilot Program” means the Pilot Program for Human Services Careers established under this section.

(6) (i) “Service obligation” means to work in a targeted position for a minimum period of time, as provided in subparagraph (ii) of this paragraph, during the 8–year period immediately following the awarding of a scholarship under the Pilot Program for Human Services Careers Scholarship established under § 18–3902 of the Education Article.

(ii) The service obligation period shall be 15 months for each academic year that the scholarship is awarded, regardless of the credit hours or semesters completed by the recipient during the academic year.

(7) “Targeted positions” means the following positions in the Department in an eligible county:

(i) Child Support Specialist Series;

(ii) Family Investment Specialist Series;

(iii) Family Support Worker Series;

(iv) Family SVS Caseworker Series; and

(v) Social Worker Series.

(b) (1) There is a Pilot Program for Human Services Careers.

(2) The purpose of the Pilot Program is to:

(i) encourage collaboration between the Department and eligible local school systems to assist students in establishing careers in targeted positions in the Department; and

(ii) assist current employees of the Department and employees in targeted positions in the Department to establish careers in targeted positions in the Department.

(3) The Department shall work with eligible local school systems to meet the requirements under § 7–132 of the Education Article regarding the Pilot Program.

(i) graduated from a high school in an eligible local school system; and

(ii) participated in the Pilot Program through the local school system or as an employee of the Department.

(2) If an applicant who meets the criteria described in paragraph (1) of this subsection is hired to fill a targeted position in the Department, the Department shall award a one–time stipend of $500 to the employee.

(d) (1) If the Department hires an applicant who graduated from a high school in an eligible local school system to fill a targeted position, the Department shall assign to the new employee a mentor who works in the Department.

(2) The Department shall:

(i) solicit applications from employees to serve as mentors to new employees hired in accordance with this section;

(ii) select qualified employees to serve as mentors based on criteria determined by the Department; and

(iii) negotiate mentor compensation with each exclusive representative.

(3) A mentor assigned to a new employee shall:

(i) serve as an expert resource on the Department for the employee; and

(ii) be compensated by the Department for serving as a mentor.

(4) The Department shall create a support system network for the employees who want to participate in the Pilot Program.

(e) (1) The Department shall provide to employees and other interested individuals outside the Department information regarding the career opportunities that are available in targeted positions in the Department.

(2) The information shall include:

(i) the qualifications necessary for each targeted position;

(ii) the salary range for each targeted position;

(iii) contact information for individuals who can help employees obtain the qualifications necessary for a targeted position; and

(iv) a description of and contact information for the Pilot Program for Human Services Careers Scholarship established under § 18–3902 of the Education Article.

(f) The Department, in collaboration with a scholarship recipient, shall develop a work schedule that enables the scholarship recipient to maintain a course load consistent with the intent of the Pilot Program.

(g) If an employee obtains a necessary credential or degree to work in a targeted position in the Department, the Department shall award a one–time stipend of $500 to the employee.

(h) Nothing in this section shall be construed to alter the minimum qualifications for any of the targeted positions included in this section.

(i) On or before December 1, 2024, and each December 1 thereafter, the Department shall collaborate with the eligible local school systems to submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the Pilot Program, including:

(1) activities conducted by each eligible local school system to assist students in establishing careers in targeted positions in the Department;

(2) the number of individuals participating in the Pilot Program from each eligible local school system and in the Department; and

(3) the number of individuals awarded a Scholarship from the Pilot Program for Human Services Careers Scholarship established under § 18–3902 of the Education Article.

(j) On or before December 1, 2028, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the effectiveness of the Pilot Program in accomplishing the goals of the Pilot Program in increasing employment in targeted positions in the Department.

Subtitle 4

§ 2-401

In this subtitle, “Commission” means the Maryland Commission for Women.

§ 2-402

(a) There is a Maryland Commission for Women in the Department.

(b) The Commission shall report to the Governor and the General Assembly through the Secretary.

§ 2-403

(a) The Commission consists of 25 members appointed by the Governor with the advice and consent of the Senate.

(b) Of the 25 members of the Commission:

(1) 12 shall be appointed from among applicants who have been nominated and recommended for appointment by organizations located in the State whose interests relate to the status of women; and

(2) 13 shall be appointed from among applicants applying on their own behalf.

(c) To the extent practicable, in making appointments under this section, the Governor shall ensure geographic diversity among the membership of the Commission.

(d) (1) The term of a commissioner is 4 years.

(2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 2007.

(3) A commissioner may not serve more than two consecutive terms.

(4) At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies.

(5) A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(e) A commissioner who fails to attend at least 50% of the regularly scheduled meetings of the Commission during any 12–month period shall be considered to have resigned.

(f) Commissioners are not entitled to receive compensation for their services.

§ 2-404

(a) The Commission shall elect a chair and a vice chair from among its members.

(b) The Commission may appoint any officers that it considers necessary.

§ 2-405

(a) The Secretary shall appoint an executive director of the Commission.

(b) The executive director shall be a merit employee of the Department.

§ 2-406

(a) (1) The Commission shall:

(i) stimulate and encourage study and review of the status of women in the State;

(ii) strengthen home life by directing attention to critical problems confronting women as wives, mothers, homemakers, and workers;

(iii) recommend methods of overcoming discrimination against women in public and private employment;

(iv) encourage women to become candidates for public office;

(v) promote more effective methods for enabling women to develop skills, continue education, and be retrained;

(vi) secure appropriate recognition of women’s accomplishments and contributions to the State;

(vii) work to develop healthy attitudes within the framework of the Commission’s responsibilities; and

(viii) inform the executive and legislative branches of government on issues concerning women, including offering testimony on these issues before legislative and administrative bodies.

(2) The Commission may:

(i) act as a clearinghouse for activities to avoid duplication of effort; and

(ii) make surveys and appoint advisory committees in fields including education, social services, labor laws and employment policies, law enforcement, health and safety, new and expanded services, legal rights, family relations, human relations, and volunteer services.

(b) Through the Secretary, the Commission shall submit an annual report including recommendations based on the Commission’s studies to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly.

§ 2-407

Each executive unit of the State shall cooperate fully with the Commission in the performance of the Commission’s duties.

§ 2-408

(a) (1) Subject to the approval of the Secretary, the Commission may accept for the purposes of this subtitle:

(i) federal funds granted by Congress or executive order; and

(ii) private donations from individuals, organizations, or foundations.

(2) The acceptance and use of federal funds does not commit State funds or obligate the General Assembly to continue the purposes for which the federal funds are granted.

(b) The Department shall include the Commission in its annual budget.

Subtitle 5

§ 2-501

In this subtitle, “Commission” means the Two Generation Family Economic Security Commission.

§ 2-502

(a) There is a Two Generation Family Economic Security Commission in the Department.

(b) The Commission shall report to the Governor and the General Assembly through the Secretary.

§ 2-503

(a) The Commission consists of the following members:

(1) the Secretary, who shall serve as the ex officio chair of the Commission;

(2) two members of the Senate, appointed as follows:

(i) one member of the Senate Budget and Taxation Committee, appointed by the President of the Senate; and

(ii) one member appointed by the Minority Leader of the Senate;

(3) two members of the House of Delegates, appointed as follows:

(i) one member of the House Appropriations Committee, appointed by the Speaker of the House; and

(ii) one member appointed by the Minority Leader of the House of Delegates;

(4) the Secretary of Housing and Community Development, or the Secretary’s designee;

(5) the Secretary of Disabilities, or the Secretary’s designee;

(6) the Secretary of Health, or the Secretary’s designee;

(7) the Secretary of Labor, or the Secretary’s designee;

(8) the Secretary of Juvenile Services, or the Secretary’s designee;

(9) the Superintendent of the Maryland State Department of Education, or the Superintendent’s designee;

(10) one director of a local department of social services, appointed by the Secretary of Human Services in consultation with the Maryland Association of Social Services Directors;

(11) one county health officer, appointed by the Secretary of Health in consultation with the Maryland Association of County Health Officers;

(12) one member appointed by the Maryland Association of Community Colleges;

(13) two public members appointed by the Governor, including at least one parent with experience in child welfare advocacy or community action partnerships; and

(14) one member appointed by the Secretary of Human Services who lived in and experienced poverty in Maryland and who was, within the past 3 years before appointment to the Commission, a recipient of public assistance based on the individual’s poverty.

(b) To the extent practicable, appointments under this section shall ensure geographic diversity among the membership of the Commission.

(2) The term of a commissioner is 4 years.

(3) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 2020.

(4) At the end of a term, a commissioner continues to serve until a successor is appointed.

(5) A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

(d) The Department shall provide staff for the Commission.

(e) A member of the Commission:

(1) may not receive compensation as a member of the Commission; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

§ 2-504

(a) (1) The Commission shall:

(i) investigate policy challenges, opportunities, and recommendations regarding the mitigation of multigenerational poverty;

(ii) identify services and policies within State programs that can be coordinated to support a multigenerational approach to addressing poverty;

(iii) identify program and service gaps and inconsistencies among federal, State, and local policies;

(iv) identify, test, and recommend best practices implemented at the federal, State, and local levels;

(v) solicit information and guidance from external sources with direct knowledge and experience in addressing multigenerational poverty;

(vi) identify tools to measure and predict the impact of the benefit cliff on an individual family basis;

(vii) measure the impact of multigenerational programs;

(viii) identify opportunities to coordinate multigenerational services across multiple State agencies; and

(ix) collect data to be used in evaluating the effectiveness of programs.

(2) The Commission may:

(i) utilize federal and State funding to establish and implement programs to address multigenerational poverty; and

(ii) partner with local jurisdictions and community action agencies, local departments of social services, and local workforce development areas in implementing programs to address intergenerational poverty.

(b) Through the Secretary, the Commission shall submit an annual report including recommendations based on the Commission’s studies to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.

§ 2-505

Each executive unit of the State shall cooperate fully with the Commission in the performance of the Commission’s duties.

§ 2-506

The Governor shall include the Commission in the Department’s annual budget.

Title 3

Subtitle 1

§ 3-101

(a) In this title the following words have the meanings indicated.

(b) “Department” means the Department of Human Services.

(2) “Local board” includes the commission of social services in Baltimore City.

(d) “Local department” means:

(1) a local department of social services created or continued in a county under § 3–201 of this title; or

(2) in Montgomery County, the Montgomery County government.

(e) “Local director” means the director of a local department.

(f) “Local governing authority” means:

(1) in references to executive authority:

(i) the board of county commissioners of a county that does not have a charter form of government;

(ii) the highest executive authority of a county that has a charter form of government; or

(iii) the Mayor of Baltimore City;

(2) in references to purely legislative authority:

(i) the board of county commissioners of a county that does not have a charter form of government;

(ii) the county council of a county that has a charter form of government; or

(iii) the City Council of Baltimore City; or

(3) in references to combined executive and legislative authority:

(i) the board of county commissioners of a county that does not have a charter form of government;

(ii) the county council and the highest executive authority of a county that has a charter form of government; or

(iii) the Mayor and City Council of Baltimore City.

(g) “Secretary” means the Secretary of Human Services.

Subtitle 2

§ 3-201

(a) (1) This subsection does not apply in Montgomery County.

(2) The Department shall create or continue a local department in each county.

(3) A local department shall be referred to as the department of social services preceded by the name of the county.

(b) Except as provided in subsection (c) of this section, a local department shall have a local board and a local director appointed in accordance with this title.

§ 3-202

(a) Administrative costs that a local department incurs in carrying out this subtitle and Subtitle 3 of this title shall be paid with State or federal funds as the Department prescribes.

(b) This section does not prohibit a county from appropriating additional funds for administrative costs of a local department.

Subtitle 3

§ 3-301

(a) In this section, “local executive authority” means:

(1) except as provided in item (2) of this subsection, the county executive of a county that has a charter form of government;

(2) the County Council of Talbot County;

(3) the county commissioners of a county that does not have a charter form of government; or

(4) the Mayor of Baltimore City.

(b) (1) In each county, the local director shall be appointed with the concurrence of the Secretary and the appropriate local executive authority or its designee.

(2) The local executive authority or its designee shall meet and consult with the local board before the appointment of the local director.

(1) a master’s degree in social work or a related field;

(2) at least 5 years of professional employment in social services administration or supervision; and

(3) any other qualifications and training that the Secretary requires by regulation.

(d) (1) The Secretary, the local executive authority or its designee, and the local board shall:

(i) at least annually, evaluate the local director in writing; and

(ii) jointly review their respective evaluations with the local director.

(2) In consultation with the local board, the local governing authority of each county shall establish by ordinance or resolution the process for evaluating the local director.

(3) The Secretary shall:

(i) establish by regulation the process by which the Secretary will evaluate the local directors; and

(ii) notify the local board of any significant deficiencies in the administration of the local department.

(e) (1) A local director may be removed from office with the concurrence of the Secretary and the appropriate local executive authority or its designee.

(2) The appropriate local executive authority or its designee shall meet and consult with the local board before the removal of a local director.

(f) (1) A local director shall be in the executive service or management service of the State Personnel Management System.

(2) Each deputy director and assistant director of the Baltimore City Department of Social Services shall be in the management service of the State Personnel Management System.

(3) Except as provided in § 3–403.1 of this title, the Director of the Department of Social Services in Montgomery County is a member of the Employees’ Pension System.

§ 3-302

(a) (1) This section does not apply in Montgomery County.

(2) Except for child support enforcement, a local director shall administer the social service and public assistance activities in the county in accordance with Title 4, Subtitle 2 and Title 5, Subtitle 2 of this article.

(b) A local director has a general administrative responsibility to the Social Services Administration and the Family Investment Administration.

(1) long-range and short-range planning for the functions and objectives of the local department;

(2) administering the operations of the local department;

(3) except as provided in § 3-301(f)(2) of this subtitle or as otherwise provided by law, appointing personnel of the local department in accordance with the State Personnel and Pensions Article;

(4) improving administrative and social work practices and procedures;

(5) submitting periodic reports and evaluations that the Social Services Administration and the Family Investment Administration require;

(6) submitting an annual report to the local board; and

(7) undertaking any other responsibilities required by the Social Services Administration, the Family Investment Administration, or applicable laws.

§ 3-303

In Montgomery County, the local director shall act as the agent of the Secretary to ensure that Montgomery County complies with responsibilities under grant agreements entered into in accordance with § 3-403 of this title.

Subtitle 4

§ 3-401

It is the intent of the General Assembly that:

(1) the purpose of this subtitle is to provide better integrated, more efficient, and accountable human services delivery in Montgomery County by the State and county; and

(2) implementation of this subtitle shall be cost neutral to both the State and Montgomery County.

§ 3-402

(a) In Montgomery County, the Montgomery County government shall administer State social service and public assistance programs that in other counties are administered by a local department.

(b) The administration of State programs by Montgomery County is governed by State and federal regulations.

(c) (1) Montgomery County shall administer State child welfare programs in the same manner as the programs are administered in other counties.

(2) The unit of the Montgomery County government that administers the programs under paragraph (1) of this subsection is exempt from licensing requirements in the same manner as local departments in other counties.

§ 3-403

(a) Subject to § 3–403.1 of this subtitle, the Secretary shall enter into a grant agreement with the Montgomery County government for the administration in Montgomery County of programs administered in other counties by local departments.

(b) The grant agreement shall:

(1) provide for payment to Montgomery County for the costs of administering State programs at State funding rates as provided in § 3-202 of this title:

(i) including salaries, overhead, general liability coverage, workers’ compensation, and employee benefits; but

(ii) excluding amounts attributable to county salaries or benefits that exceed comparable State salaries or benefits;

(2) require the State to pay for State accrued leave; and

(3) utilize the same budget categories as appropriations in the State budget for local departments in other counties.

(c) (1) Notwithstanding any other law, the proportion of State and federal funds paid in fiscal year 1997 to the Montgomery County government under this section relative to the funds provided by the Secretary to all local departments may not be less than the proportion of funds disbursed in fiscal year 1996 to the Montgomery County Department of Social Services.

(2) After fiscal year 1997, the amount of the grant to the Montgomery County government shall be proportionally adjusted each year to:

(i) reflect changes in case loads, the number of children in poverty, and any other relevant cost factors the parties agree to; and

(ii) ensure that the grant is equitable in relation to the funds provided to all local departments.

§ 3-403.1

(a) This section applies only to the Director of the Department of Social Services in Montgomery County who was a participant in the Montgomery County Retirement System.

(b) The Director of the Department of Social Services in Montgomery County who is transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services, may elect to:

(1) remain as a participant in the Montgomery County Retirement System; or

(2) become an enrollee in the Employees’ Pension System of the State of Maryland.

(c) (1) If the Director of the Department of Social Services in Montgomery County elects to remain as a participant in the Montgomery County Retirement System, the election remains in effect only as long as the employee remains employed by the Social Services Administration of the Maryland Department of Human Services.

(2) If the Director of the Department of Social Services in Montgomery County transfers to another position in State service, the employee shall become an enrollee of the Employees’ Pension System of the State of Maryland.

(3) (i) While the Director of the Department of Social Services in Montgomery County remains a participant in the Montgomery County Retirement System, the State central payroll bureau shall deduct from the Director’s biweekly salary an employee contribution that equals the Director’s salary multiplied by the required employee contribution rate as set forth in the Montgomery County Code.

(ii) The State shall pick up within the meaning of § 414(h)(2) of the Internal Revenue Code, the employee contributions deducted under subparagraph (i) of this paragraph.

(d) (1) Until the date that the Director of the Department of Social Services in Montgomery County leaves service in the Social Services Administration of the Maryland Department of Human Services, the Department of Human Services shall pay on a quarterly basis to the Montgomery County Retirement System:

(i) the amount deducted by the State central payroll bureau from the Director’s biweekly salary for that quarter as provided under subsection (c)(3) of this section; and

(ii) an employer contribution for that quarter equal to the total of the Director’s salary subject to a deduction under subsection (c)(3) of this section multiplied by the employer contribution rate determined by the Department of Human Services under paragraph (3) of this subsection.

(2) On or before May 15 of each year, the Chief Administrative Officer of Montgomery County shall certify to the Department of Human Services the employer and employee contribution rates for pension benefits determined for the Montgomery County Retirement System for the next fiscal year.

(3) If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State employees under the State Personnel Management System, the Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System.

(e) (1) (i) The Director of the Department of Social Services in Montgomery County covered under this section who elects to remain in the Montgomery County Retirement System may receive employee health benefits equal to those received by employees under the Montgomery County Retirement System.

(ii) If the Director elects to receive health benefits under subparagraph (i) of this paragraph, the State shall reimburse Montgomery County each month an amount equal to the State’s contribution for those health benefits.

(2) (i) A retiree covered under this section who elects to remain in the Montgomery County Retirement System may receive retiree health benefits equal to those received by retirees under the Montgomery County Retirement System.

(ii) If a retiree elects to receive health benefits under subparagraph (i) of this paragraph, the State shall reimburse Montgomery County each month an amount equal to the State’s contribution for those health benefits.

§ 3-404

(a) The Montgomery County Department of Health and Human Services is considered to be one agency for purposes of confidentiality provisions of State law.

(b) The use and release of information concerning recipients of State social service and public assistance programs by the Montgomery County Department of Health and Human Services is governed by the confidentiality provisions of State law, including Title 1, Subtitle 2 of this article.

§ 3-405

The Secretary and the County Executive of Montgomery County shall consult with each other at least every other year to ensure that the objectives of the social service and public assistance programs administered by the Montgomery County government are consistent with the objectives of the State social service and public assistance programs.

§ 3-406

(a) This section is not a waiver of immunity under the Eleventh Amendment of the Constitution of the United States.

(b) (1) Except as provided in paragraph (2) of this subsection, the State shall pay any judgment awarded against Montgomery County or an employee of Montgomery County that arises out of an action commenced or prosecuted in a court of the United States relating to the administration and implementation of State programs described in this subtitle.

(2) The State may not pay a judgment awarded against an employee of Montgomery County under this section for an act or omission committed:

(i) outside the scope of employment; or

(ii) with malice.

Subtitle 5

§ 3-501

(a) This section does not apply in Baltimore City.

(b) Each local department shall have a local board.

(c) A local board consists of at least 9 but no more than 13 members as provided by local law enacted by the local governing authority.

(d) (1) On July 1 of each year, each local governing authority shall designate one member of the local governing authority to serve as an ex officio member of the local board.

(2) (i) The other members of the local board shall be appointed by the local governing authority.

(ii) The local governing authority shall seek out and appoint individuals who:

1. have a high degree of interest, capacity, and objectivity; and

2. in the aggregate, give a countywide representative character to the local board.

(e) On July 1 of each year, each local board shall select a chairman.

(f) A member of a local board:

(1) may not receive compensation; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) (1) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, the term of an appointed member is 3 years.

2. In Charles County, the term of an appointed member is 4 years.

(ii) A term expires on June 30 of the year of expiration.

(iii) At the end of a term, a member continues to serve until a successor is appointed.

(iv) Once an appointed member of a local board serves two consecutive full terms, the member is ineligible for reappointment for a period of 1 year.

(2) If a vacancy occurs during the term of a member, the local governing authority shall appoint or designate a successor to serve for the remainder of the term.

(h) If a member of a local board fails to attend at least 50% of the local board’s meetings during a period of twelve consecutive months:

(1) the member may be considered to have resigned; and

(2) the chairman may declare that a vacancy exists.

(i) (1) This subsection does not apply to an ex officio member of a local board.

(2) If a member of a local board is elected or appointed to political or public office:

(i) the local governing authority may consider the member to have resigned; and

(ii) the chairman shall declare that a vacancy exists.

§ 3-502

The Baltimore City Social Services Commission shall be appointed in accordance with Article VII, § 58 of the Charter of Baltimore City, 1996 Edition.

§ 3-503

The duties and functions of a local board include:

(1) to advise the local director as to the local application of State policies or procedures;

(2) to be well informed on local departmental activities;

(3) to communicate to the residents of the county, broad and comprehensive information as to the objectives, policies, programs, and problems of local social services and public assistance administration;

(4) to review the periodic evaluation of the local department prepared by the Department and consult with the local director as to the proper implementation of the recommendations and any recommendations made by the local board as a result of its evaluation of the local department;

(5) to review and transmit to the Secretary and the local governing authority:

(i) the annual report of the local director on the activities of the local department; and

(ii) any changes in policies or procedures the local board recommends;

(6) to review and make recommendations regarding the annual estimate of funds needed for social services and public assistance purposes in the county;

(7) (i) to consult with the local director regarding any new service that might be instituted by the local director or the local board to meet an unmet need in the county;

(ii) to approve or disapprove the local director’s evaluation of the readiness of the local department to take on the new service and the propriety of the new service within the State plan; and

(iii) to present to the Department:

1. suggested new services that the local board approves, regardless of whether the recommendation originated from the local director or the local board; and

2. the recommendations of both the local director and the local board;

(8) to take active steps to secure the appropriation of local funds by the local governing authority to meet needs that are:

(i) not financed by or available through any other federal, State, or local plan, project, or program; and

(ii) not in conflict with the State plan;

(9) to meet with the Secretary periodically at the request of the Secretary or the local board;

(10) to establish and maintain effective liaison with the local governing authority;

(11) in conjunction with the Department, to serve as an advocate for social services and public assistance programs on the local, State, and federal levels;

(12) to work to identify private, State, and federal grant sources for social services and public assistance programs;

(13) in conjunction with the Department, to develop and implement an educational and public relations program for public and elected officials on the local, State, and federal level; and

(14) in conjunction with the Department and the local executive authority or its designee, to evaluate the local director and make recommendations based on the evaluation to the Secretary.

Subtitle 6

§ 3-601

(a) (1) Except as provided in paragraph (2) of this subsection, the attorney to, or an attorney designated by, the local governing authority in each county or an attorney employed by the State shall institute and defend each civil action in which the local department is a party.

(2) In Cecil County, the local department may secure the services of attorneys to represent it in all legal matters affecting the local department.

(b) Actions in which the local department is a party shall be instituted in the name of the local department.

(i) from the estate of a recipient of any type of public assistance, the amount paid to the recipient during the recipient’s lifetime; or

(ii) from a recipient of any type of public assistance, the amount paid to the recipient before the recipient receives any property or income in excess of the amount stated in the recipient’s application for assistance and in excess of the recipient’s need.

(2) The amount of fees awarded by the court shall be deducted from the gross amount of the recovery in the action.

(3) The net amount of the recovery shall be turned over to the local department to be divided among the State, the county, and the federal government in proportion to the amount paid by each.

(d) (1) Except as otherwise provided, an attorney who provides any other legal services on behalf of a local department shall be paid the fees the Department sets.

(2) Attorney’s fees under this subsection shall be paid out of regular administrative funds.

§ 3-602

(a) The Office of the Inspector General in the Department shall conduct or contract for a financial and compliance audit of each local department at an interval of 4 years unless the Office of the Inspector General determines, on a case–by–case basis, that an audit occur at an interval of 3 years.

(b) In determining the audit interval for a local department, the Office of the Inspector General shall take into consideration:

(1) the materiality and risk profile of the local department’s programs and fiscal activities;

(2) the nature and extent of prior audit findings of the local department; and

(3) any other factor related to risk.

(d) A written report of the audit findings shall be prepared and distributed to:

(1) the local board; and

(2) the local governing authority.

Title 4

Subtitle 1

§ 4-101

(a) In this title the following words have the meanings indicated.

(b) “Administration” means the Social Services Administration.

(d) “Executive Director” means the Executive Director of Social Services.

(e) “Local department” means:

(1) a local department of social services created or continued in a county under § 3–201 of this article; or

(2) in Montgomery County, the Montgomery County government.

(f) “Secretary” means the Secretary of Human Services.

Subtitle 2

§ 4-201

There is a Social Services Administration in the Department.

§ 4-202

The Administration and the Executive Director exercise their authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.

§ 4-203

(a) With the approval of the Governor, the Secretary shall appoint the Executive Director.

(b) The Executive Director shall be a competent person with adequate training and practical experience in social welfare work.

(d) The Executive Director is entitled to the compensation provided in the State budget.

§ 4-204

(a) (1) The Executive Director is the administrative head of the Administration.

(2) The Executive Director shall devote the Executive Director’s whole time to the duties of the office.

(b) Subject to State and federal laws governing the administration of social services, the Executive Director shall:

(1) administer and organize the Administration;

(2) supervise the social service activities of the local departments; and

(3) supervise other agencies and institutions under the supervision of the Administration.

(c) (1) The Executive Director may prescribe the number and minimum qualifications of the personnel engaged in the administration of the activities of the Administration and of the local departments that are financed wholly or partly by the Administration.

(2) (i) As provided in the State budget, the Executive Director may appoint the personnel required to properly perform the duties of the Administration.

(ii) Except as otherwise provided, appointment and removal of all paid personnel under this title are subject to the provisions of the State Personnel and Pensions Article.

(d) The Executive Director shall submit budget estimates for the Administration to the Secretary.

§ 4-205

(a) (1) The Administration shall be the central coordinating and directing agency of all social service activities in the State, including:

(i) child welfare services; and

(ii) any other social service activities financed wholly or partly by the Administration.

(2) For the purposes of these duties, child welfare services provided to a minor may continue after the minor’s eighteenth birthday but not beyond the minor’s twenty-first birthday.

(b) The Administration shall supervise, direct, and control the activities of the local departments that it finances wholly or partly.

(c) The Administration shall supervise all public and private institutions that have care, custody, or control of abused, abandoned, dependent, or neglected children, except:

(1) institutions under the authority of the Department of Juvenile Services; and

(2) agencies, persons, or institutions designated by the Department of Juvenile Services under § 9-217 of this article.

(d) (1) The Administration may visit any State-aided institution, organization, or agency engaged in social service or welfare activities and inspect thoroughly its management, buildings, and equipment.

(2) Visits and inspections under paragraph (1) of this subsection shall be made:

(i) at reasonably convenient hours; and

(ii) with reasonable regard to the established discipline, regulations, and customs of the institution, organization, or agency.

(e) As desirable or necessary for the purpose of this title, the Administration may designate existing agencies or organizations in the State as the Administration’s agents.

(f) Before the start of each regular session of the General Assembly, the Administration shall submit a report of its activities to the Governor.

§ 4-206

The Department may develop and implement an automated statewide system and related administrative procedures to achieve effectively and efficiently the purposes of this title.

§ 4-207

(a) Subject to § 2-209(b) of this article, the Executive Director may adopt regulations necessary to carry out the duties imposed on the Executive Director by law.

(b) (1) The Executive Director shall adopt regulations covering the custody, use, and preservation of the records of the Administration and the local departments concerning applicants for and recipients of social services.

(2) The use of the records of the Administration and the local departments by any other governmental unit shall be limited to the purposes for which the records are furnished.

(c) (1) All regulations or directives implemented by the Executive Director that are based on federal law, rules, regulations, or guidelines shall have the federal material:

(i) referenced in the text of the State material; or

(ii) attached permanently to the State material.

(2) The Department shall furnish to each of the local departments at least one up-to-date copy of all current federal regulations applicable to the operations of the local department.

Subtitle 3

§ 4-301

(a) The Secretary shall implement a comprehensive plan to recruit, train, and retain child welfare caseworkers and casework supervisors who meet the requirements of this section.

(b) (1) The Secretary shall hire as caseworkers only human services professionals, such as:

(i) social workers licensed in accordance with Title 19 of the Health Occupations Article;

(ii) psychologists licensed in accordance with Title 18 of the Health Occupations Article;

(iii) professional counselors certified in accordance with Title 17 of the Health Occupations Article;

(iv) nurses licensed in accordance with Title 8 of the Health Occupations Article;

(v) school psychologists certified in accordance with regulations adopted under Title 6, Subtitle 7 of the Education Article; and

(vi) human service workers who:

1. have a degree in an appropriate behavioral science;

2. have completed the mandatory preservice training and competency test; and

3. are supervised by licensed social workers.

(2) The Secretary may retain permanent employees employed on or before December 31, 1998 who do not have the qualifications specified in paragraph (1) of this subsection if the Secretary finds that the employees are performing their duties satisfactorily.

(1) implement a preservice training program and competency test for newly employed caseworkers;

(2) require that all new casework staff:

(i) be hired provisionally;

(ii) except for staff described in item (4) of this subsection, complete a 40–hour preservice training program; and

(iii) pass a competency test before being granted permanent employment status;

(3) implement mandatory standards for continuing education for all caseworkers and casework supervisors that require that employees who fail to obtain the required continuing education credits be subject to disciplinary action, including demotion, suspension, and dismissal;

(4) develop and implement mandatory standards that exempt newly hired individuals who have documented and verified casework experience or hold appropriate State licensure from the 40–hour preservice training program specified in item (2)(ii) of this subsection; and

(5) require caseworkers who are exempt from the preservice training program specified in item (2)(ii) of this subsection and fail the competency test to participate in the preservice training program and to take and pass the competency test before being granted permanent employment status.

(d) (1) The Secretary may not employ human services professionals on a contractual basis as caseworkers or casework supervisors, except as required to meet an unanticipated need resulting from:

(i) a significant and unexpected increase in reports of child abuse or neglect, or both; or

(ii) a significant and unexpected increase in the foster care or kinship care caseload, or both.

(2) A caseworker or casework supervisor contractual position may not exist longer than 1 year.

(e) Whenever the Secretary contracts with an outside entity for casework services, the Secretary shall require the contractor to comply with the employment qualifications, training curriculum, preservice and in–service training, and competency testing required under this section.

§ 4-302

The Administration may:

(1) accept any federal funds or commodities;

(2) manage and dispose of any federal funds or commodities as required by federal law; and

(3) apply the federal Social Security Act or any other federal law relating to social services to the benefit of the State.

§ 4-303

(a) The Administration shall make every effort to recoup overpayments made to recipients that the State is authorized to recoup under federal law.

(b) The Administration shall establish an administrative procedure, in accordance with federal law, to be followed when the Administration has reason to believe that an overpayment has been made.

§ 4-304

(a) (1) In this section the following words have the meanings indicated.

(2) “Foster youth” means an individual who:

(i) is in out–of–home care under the responsibility of the State; or

(ii) 1. is an adult under the age of 26 years; and

2. was in out–of–home care under the responsibility of the State on the individual’s 18th birthday.

(3) “Program” means the Foster Youth Summer Internship Program established under this section.

(b) The Secretary shall:

(1) develop and implement a Foster Youth Summer Internship Program with the assistance of the Department of Budget and Management and in consultation with the local directors of local departments of social services; and

(2) coordinate with State agencies to establish internships in State agencies that are open to participants in the Program.

(c) The purpose of the Program is to provide foster youth with training and experience through internships in agencies within the Executive Branch of State government.

(d) The Program shall be established in multiple regions of the State.

(e) Internships under the Program may be paid or unpaid.

(f) A State agency participating in the Program may:

(1) specify requirements for internship applicants; and

(2) select its interns from among the available applicants.

(g) To be eligible to participate in an internship under the Program, an individual must be a foster youth at least 15 years old.

(h) On or before October 1, 2019, the Secretary, in consultation with the Department of Human Services, shall report to the Senate Budget and Taxation Committee, the Senate Finance Committee, and the House Appropriations Committee of the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) the number of foster youth participating in the Program;

(2) the location and type of internships in the Program;

(3) efforts to recruit eligible individuals to participate in the Program; and

(4) factors that affect Program participation.

§ 4-305

(a) (1) In this section the following words have the meanings indicated.

(2) “Credential” means a recognized:

(i) educational diploma;

(ii) certificate or degree;

(iii) occupational license;

(iv) apprenticeship certificate;

(v) industry–recognized certification; or

(vi) award for skills attainment and completion, issued by an approved training provider in the State or third–party credential provider.

(3) “Foster care recipient” has the meaning stated in § 15–106.1 of the Education Article.

(4) (i) “Job readiness training” means training for the purpose of assisting and supporting jobseekers in overcoming individual barriers to employment and developing the skills necessary to maintain employment and to qualify for skills training opportunities.

(ii) “Job readiness training” includes:

1. occupational skills development;

2. GED preparation;

3. literacy advancement;

4. financial stability services, including financial coaching;

5. credit counseling; and

6. assistance in meeting training–related transportation and child care needs.

(5) “Program” means the Fostering Employment Program established under this section.

(6) “Registered apprenticeship program” means a formal training program approved and registered by the Maryland Department of Labor, or by the United States Department of Labor’s Office of Apprenticeship.

(7) “Training provider” means an entity that:

(i) provides training and employment services to individuals described in § 11–504(b) of the Labor and Employment Article; or

(ii) is awarded a strategic industry partnership grant under § 11–703 of the Labor and Employment Article.

(8) “Unaccompanied homeless youth” means a child or youth who:

(i) has had a consistent presence in the State for at least 1 year before enrollment in a job readiness training program or registered apprenticeship program that is documented by school, employment, or other records;

(ii) is not in the physical custody of a parent or guardian;

(iii) is a homeless child or youth, as defined by the McKinney–Vento Homeless Assistance Act; and

(iv) was determined to be a homeless child or youth by:

1. a Maryland local school system homeless liaison, as defined by the McKinney–Vento Homeless Assistance Act;

2. a director or a designee of the director of a Maryland–based program funded under the Runaway and Homeless Youth Act; or

3. a director or a designee of the director of a Maryland–based program funded under Title IV, Subtitle B of the McKinney–Vento Homeless Assistance Act.

(9) “Workforce development area” means a geographic area designated by the Governor in accordance with § 106 of the federal Workforce Innovation and Opportunity Act.

(b) There is a Fostering Employment Program.

(d) The purpose of the Program is to provide employment opportunities for foster care recipients and unaccompanied homeless youth through training that leads to industry–recognized credentials.

(e) The Department, in coordination with the Maryland Department of Labor, shall:

(1) develop and implement the Program; and

(2) coordinate with:

(i) the local departments of social services; and

(ii) the local workforce development boards in the State workforce development areas.

(f) The Program shall provide foster care recipients and unaccompanied homeless youth with opportunities to obtain credentials through:

(1) a registered apprenticeship program; or

(2) job readiness training.

(g) A foster care recipient or an unaccompanied homeless youth who is not exempt from paying tuition under § 15–106.1 of the Education Article is eligible to receive funding under the Program if the individual is:

(1) at least 16 years of age; and

(2) enrolled in:

(i) a registered apprenticeship program; or

(ii) job readiness training through a training provider funded by the Maryland Department of Labor.

(h) The Department and the Maryland Department of Labor jointly may adopt regulations to carry out this section.

Title 5

Subtitle 1

§ 5-101

(a) In this title the following words have the meanings indicated.

(b) “Administration” means the Family Investment Administration.

(d) “Executive Director” means the Executive Director of Family Investment.

(e) “Local department” means:

(1) a local department of social services created or continued in a county under § 3–201 of this article; or

(2) in Montgomery County, the Montgomery County government.

(f) “Local director” means the director of a local department.

(g) “Secretary” means the Secretary of Human Services.

Subtitle 2

§ 5-201

There is a Family Investment Administration in the Department.

§ 5-202

The Administration and the Executive Director exercise their authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.

§ 5-203

(a) The Executive Director is the head of the Administration.

(b) With the approval of the Governor, the Secretary shall appoint the Executive Director.

(d) The Executive Director is entitled to the compensation provided in the State budget.

§ 5-204

(a) Subject to State and federal laws governing the administration of public assistance, the Executive Director shall:

(1) organize and administer the Administration;

(2) supervise the public assistance activities of the local departments; and

(3) supervise other agencies and institutions under the supervision of the Administration.

(b) (1) The Executive Director may prescribe the number and minimum qualifications of the personnel engaged in the administration of the activities of the Administration and of the local departments that are financed wholly or partly by the Administration.

(2) (i) As provided in the State budget, the Executive Director may appoint the personnel required to properly perform the duties of the Administration.

(ii) Except as otherwise provided, appointment and removal of all paid personnel under this title are subject to the provisions of the State Personnel and Pensions Article.

(d) The Executive Director shall:

(1) develop a comprehensive process to:

(i) systematically analyze cash assistance payment errors;

(ii) formulate strategies, including improvements in the eligibility determination process, to reduce the errors; and

(iii) monitor implementation of the strategies;

(2) require each local department to submit annual plans that contain measurable objectives, including objectives for participation in work activities, to meet the goals of the Family Investment Program; and

(3) monitor the success of the local departments in achieving the objectives of the plans.

§ 5-205

(a) The Administration shall be the central coordinating and directing agency of all public assistance programs in the State, including:

(1) the Family Investment Program and related cash benefit programs;

(2) public assistance to adults;

(3) emergency assistance;

(4) food stamps;

(5) medical assistance eligibility determinations;

(6) the Energy Assistance Program;

(7) the Temporary Disability Assistance Program;

(8) the federal Commodity Supplemental Food Program with funds and resources received from the United States Department of Agriculture under 7 C.F.R. 247; and

(9) any other public assistance activities financed wholly or partly by the Administration.

(b) The Administration shall supervise, direct, and control the activities of the local departments that it finances wholly or partly.

(c) (1) The Administration may visit any State-aided institution, organization, or agency engaged in public assistance activities and inspect thoroughly its management, buildings, and equipment.

(2) Visits and inspections under paragraph (1) of this subsection shall be made:

(i) at reasonably convenient hours; and

(ii) with reasonable regard for the established discipline, regulations, and customs of the institution, organization, or agency.

(d) As desirable or necessary for the purpose of this title, the Administration may designate existing agencies or organizations in the State as the Administration’s agents.

(e) Before the start of each regular session of the General Assembly, the Administration shall submit a report of its activities to the Governor.

§ 5-206

The Department may develop and implement an automated statewide system and related administrative procedures to achieve effectively and efficiently the purposes of this title.

§ 5-207

(a) Subject to § 2-209(b) of this article, the Executive Director may adopt regulations necessary to carry out the duties imposed on the Executive Director by law.

(2) The use of the records of the Administration and the local departments by any other governmental unit shall be limited to the purposes for which the records are furnished.

(c) (1) All regulations or directives implemented by the Executive Director that are based on federal law, rules, regulations, or guidelines shall have the federal material:

(i) referenced in the text of the State material; or

(ii) attached permanently to the State material.

(2) The Department shall furnish to each of the local departments at least one up-to-date copy of all current federal regulations applicable to the operations of the local department.

Subtitle 3

§ 5-301

(a) In this subtitle the following words have the meanings indicated.

(b) “Community service” means a structured program with embedded activities in which individuals perform unpaid work:

(1) for the direct benefit of the community; and

(2) under the guidance and support of a public or nonprofit organization.

(d) “Nonprofit organization” means a religious, charitable, or volunteer organization that is exempt from taxation under § 501(c) of the Internal Revenue Code.

(e) “Recipient” means each individual in a FIP case.

(f) “Temporary cash assistance” means the cash assistance component of the FIP that is funded wholly or partly through Title IV, Part A, of the Social Security Act.

(g) “Third party payee” means:

(1) an individual that the Department approves;

(2) a nonprofit organization;

(3) a for–profit organization; or

(4) a governmental unit, including a local department.

(h) “Transitional assistance” means assistance provided to a recipient whose temporary cash assistance has been terminated for noncompliance with FIP requirements.

(i) “Work activity” means:

(1) job search activity;

(2) subsidized employment in either the public or private sector;

(3) work experience;

(4) on–the–job training;

(5) community service;

(6) training directly related to employment; or

(7) education directly related to employment.

(j) “Work experience” means unpaid work activity, performed in return for temporary cash assistance, that provides an individual with an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.

§ 5-302

(a) There is a Family Investment Program in the Department.

(b) The primary purpose of this subtitle is to support family efforts to achieve and maintain self-sufficiency through services and financial aid geared to individual family needs.

§ 5-303

The Secretary shall:

(1) implement a FIP that meets the requirements of this subtitle and federal law;

(2) supervise the administration by local departments of the FIP under this subtitle;

(3) cooperate with the federal government in matters of mutual concern pertaining to federal funding for the FIP; and

(4) adopt regulations to carry out this subtitle.

§ 5-304

(a) (1) In this section the following words have the meanings indicated.

(2) “Children of current or former recipients” means minors who:

(i) are at least 14 years old; and

(ii) reside with current or former recipients of benefits.

(3) “Former recipient” means an individual who received benefits under FIP in the past 5 years.

(4) “Foster youth” means an individual who:

(i) is an adult in out–of–home care under the responsibility of the State; or

(ii) 1. is an adult under the age of 25 years; and

2. was in out–of–home care under the responsibility of the State on the individual’s 18th birthday.

(5) “Obligor” has the meaning stated in § 10–101 of the Family Law Article.

(b) (1) The Secretary of Budget and Management, with the assistance of the Secretary, shall develop and implement a plan for hiring current and former recipients, children of current or former recipients, foster youth, and obligors by the principal departments within the Executive Branch of State government.

(2) For each principal department, the plan shall include:

(i) the units that most easily could hire current and former recipients, children of current or former recipients, foster youth, and obligors;

(ii) the positions most suitable for current and former recipients, children of current or former recipients, foster youth, and obligors;

(iii) a proposal for recruiting current and former recipients, children of current or former recipients, foster youth, and obligors;

(iv) job retention strategies; and

(v) a target number of current and former recipients, children of current or former recipients, foster youth, and obligors to be recruited.

(3) In consultation with the Secretary, the Secretary of Budget and Management shall report, subject to § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee of the General Assembly:

(i) on or before January 1, 2010, on the development of the hiring plan for current and former recipients, children of current or former recipients, foster youth, and obligors; and

(ii) on or before November 1 of each year, on the number of recipients, children of current or former recipients, foster youth, and obligors hired and retained by the principal departments within the Executive Branch of State government.

(c) (1) Working with appropriate local government officials, the Secretary and each local director shall develop and implement a local government hiring plan under which local governments may hire current and former recipients, children of current or former recipients, foster youth, and obligors.

(2) For each jurisdiction, the local government hiring plan shall include:

(i) a list of the units that most easily could hire current and former recipients, children of current or former recipients, foster youth, and obligors;

(ii) a list of the employment positions most suitable for current and former recipients, children of current or former recipients, foster youth, and obligors;

(iii) proposals to recruit current and former recipients, children of current or former recipients, foster youth, and obligors;

(iv) employment retention strategies; and

(v) a target number of current and former recipients, children of current or former recipients, foster youth, and obligors to be recruited.

(3) Each local director shall:

(i) develop and submit the local government hiring plan in accordance with a schedule and format that the Secretary determines;

(ii) implement in a timely manner the proposals and strategies in the local government hiring plan;

(iii) achieve the target numbers in the local government hiring plan; and

(iv) develop and submit reports to the Secretary in accordance with a schedule and format that the Secretary determines.

(4) On or before November 1 of each year and in consultation with the Maryland Association of Counties, the Secretary shall report, subject to § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee of the General Assembly, on:

(i) the development of the local government hiring plan; and

(ii) the number of current and former recipients, children of current or former recipients, foster youth, and obligors hired and retained by local governments.

§ 5-306

(a) In providing assistance under this subtitle, the Department may contract with:

(1) charitable organizations;

(2) private organizations;

(3) religious organizations; and

(4) institutions of higher education.

(b) If the Department contracts with a State, local, or nongovernmental contractor, the contractor shall provide individuals with disabilities access and equal opportunity to participate in the benefits of the services, programs, and activities provided by the contractor in accordance with the federal Americans with Disabilities Act, including reasonable accommodations necessary to participate in FIP.

(c) For any contract with a nongovernmental entity in place as of October 1, 2024, the Department annually shall review each contract to measure:

(1) overall program impact, including the number of recipients enrolled in education or training programs that increase the recipient’s skill level;

(2) interim progress toward employment for current recipients of temporary cash assistance, including the number of recipients earning an education credential or a skill–based certificate;

(3) employment outcomes for families who left temporary cash assistance due to earnings, including the number of employment outcomes with wages that:

(i) equal the State minimum wage;

(ii) meet or exceed 150% of the State minimum wage; and

(iii) meet or exceed 200% of the State minimum wage; and

(4) the number of the recipients served experiencing homelessness or housing insecurity while participating in work activities.

(d) Within 45 days after completion of the Department’s review under subsection (c) of this section, the Department shall:

(1) in accordance with § 2–1257 of the State Government Article, submit the review to the Senate Budget and Taxation Committee and the House Appropriations Committee; and

(2) publish the review on the Department’s website.

§ 5-307

(a) Except as provided in subsection (b) of this section, a religious organization may participate in the FIP on the same basis as any other nongovernmental entity.

(b) An individual may not be required to accept assistance from a religious organization if acceptance would violate the individual’s bona fide religious beliefs and practices.

(c) An organization funded under the FIP may not discriminate on the basis of religion, religious belief, or refusal to participate in a religious practice with respect to any individual’s receipt of service under the FIP.

(d) The Department shall provide all recipients with clear and timely notice of their rights under § 104(e) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

§ 5-308

(a) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Target work rate” means the rate established for the State by the U.S. Department of Health and Human Services based on the State’s caseload reduction credit under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.

(iii) “Work participation rate” means the federal work participation rate established by the U.S. Department of Health and Human Services under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.

(2) A family may be eligible for assistance under this subtitle only if the family includes:

(i) a minor child who resides with a custodial parent or other adult caretaker who is a relative of the child; or

(ii) a pregnant individual.

(3) Assistance shall be provided to an applicant or recipient under this subtitle only if the applicant or recipient:

(i) resides in the State at the time of application for assistance;

(ii) if applicable:

1. has applied for child support services with the appropriate local child support enforcement office at the time of application for assistance; and

2. complies with the requirements of the local child support enforcement office;

(iii) participates in work activity under this subtitle; and

(iv) meets all other FIP requirements that the Secretary establishes by regulation.

(4) Subject to paragraph (5) of this subsection, the Department shall allow an applicant or a recipient to meet the work activity requirement for a maximum of 24 months by engaging in:

(i) a minimum of 20 hours per week of vocational education that leads to an associate degree, a diploma, or a certificate; or

(ii) an average of at least 20 hours per week of education directly related to employment, which may include:

1. an adult basic education program;

2. an English as a second language program; or

3. a GED program.

(5) If the work participation rate does not exceed the target work rate by 10% in any month, the Department, after providing at least 30 days prior notice to the Senate Finance Committee and the House Appropriations Committee, may suspend the application of paragraph (4) of this subsection to new applicants until the work participation rate exceeds the target work rate by 10% for 3 consecutive months.

(6) The Department may require a work–eligible individual to participate in work activity for a maximum of:

(i) 30 hours per week for an individual with a child at least 6 years old;

(ii) 20 hours per week for a single parent or caretaker relative with a child under the age of 6 years;

(iii) a combined average of 35 hours per week for a family with two work–eligible parents who do not receive federally funded child care assistance; or

(iv) a combined average of 55 hours per week for a family with two work–eligible parents who receive federally funded child care assistance, provided that an adult in the family does not have a disability or is not caring for a child with a disability.

(7) (i) A work–eligible individual may choose to participate in work activity for more than the required weekly hours under paragraph (6) of this subsection, up to a maximum of 40 hours per week, provided that working the additional hours does not violate the federal Fair Labor Standards Act.

(ii) The Department may not reduce the temporary cash assistance of an individual, as provided in § 5–312(e)(1)(i) of this subtitle, if the individual is meeting the Department’s minimum work activity participation requirement and participating in work activity for less than 40 hours per week.

(8) The Department shall accept verification of an individual’s work activity participation through multiple methods, including electronic submission.

(b) (1) An individual may not be required to meet the work activity requirement under subsection (a)(3)(iii) of this section if the individual is exempt under criteria the Secretary establishes.

(2) The criteria shall include exemptions for:

(i) subject to paragraph (3) of this subsection, adults who are required to care for a child who is a recipient under the age of 1 year;

(ii) subject to paragraph (4) of this subsection, adults and children who are recipients and who are severely disabled; and

(iii) adults who have not received assistance for at least 6 months.

(3) An exemption based on an adult’s requirement to care for a child who is a recipient under the age of 1 year may not be restricted to a maximum number of months in the adult’s lifetime.

(4) An individual’s exemption because of severe disability is limited to 12 months unless:

(i) the individual applies for Supplemental Security Income; and

(ii) the application is approved, pending, or on appeal.

(5) Assistance for an individual who qualifies for an exemption under this subsection but who voluntarily participates in a work activity may not be reduced or terminated as a result of the participation in the work activity.

(c) (1) Assistance for an individual may not be reduced or terminated for noncompliance with the work activity requirement if the individual has good cause under the criteria established by the Secretary.

(2) The criteria shall provide that any of the following are sufficient to show good cause:

(i) temporary illness or incapacity;

(ii) court–required appearances or temporary incarceration;

(iii) domestic violence;

(iv) a family crisis that threatens normal family functioning, including:

1. experiencing homelessness whereby a family:

A. lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason;

B. lives in a motel, hotel, trailer park, or camping ground due to a lack of alternative accommodations;

C. lives in an emergency shelter or transitional housing;

D. resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or

E. lives in a car park, public space, vacant or abandoned building, substandard housing, bus station, train station, or similar setting;

2. a housing crisis, including eviction, foreclosure, or other loss of housing; or

3. receiving a utility disconnection notice or having a utility disconnected;

(v) a breakdown in transportation arrangements;

(vi) a breakdown in child care arrangements or lack of child care for a child or children who are 12 years old or younger;

(vii) for a single parent caring for a child younger than 6 years old who is unable to obtain child care:

1. the unavailability of appropriate child care within a reasonable distance from the parent’s home or work site;

2. the unavailability or unsuitability of informal child care by a relative or others; or

3. the unavailability or unsuitability of appropriate and affordable child care arrangements;

(viii) a lack of supportive services identified and agreed on by an individual and a local department; or

(ix) the failure of a local department to offer or provide a reasonable accommodation to an individual with a disability.

(d) Subject to the State budget, a legal immigrant is entitled to assistance under this subtitle if the immigrant:

(1) meets FIP eligibility requirements under this subtitle and any other requirements imposed by the State; and

(2) (i) arrived in the United States before August 22, 1996; or

(ii) arrived in the United States on or after August 22, 1996 and is not eligible for federally funded cash assistance.

§ 5-308.1

(a) The purpose of work experience is to improve the employability of individuals who cannot find unsubsidized full–time employment.

(b) The Department may refer an individual to work experience for work activity if:

(1) private sector employment is not available;

(2) the maximum work experience placement for the individual does not exceed 90 days in a 3–year period;

(3) the Department offers the individual at least three work activity options that include:

(i) subject to subsection (c) of this section, only one work experience option; and

(ii) at least one option that is work activity or a program funded by the federal Workforce Innovation and Opportunity Act;

(4) the individual chooses the work experience for work activity;

(5) the Department informs the individual that the individual may subsequently change to different work activity; and

(6) the work experience provides skills that match the individual’s personal, career, and family goals to support economic mobility.

(c) If the Department offers work experience as work activity, the Department may not offer community service as work activity.

(d) If at any time the requirements of subsection (b) of this section are not met, an individual placed in work experience may request a transfer to different work activity.

§ 5-308.2

(a) The purpose of community service is to improve the employability of individuals who cannot find unsubsidized full–time employment.

(b) Community service shall:

(1) be limited to projects that service a useful community purpose in fields including health, social service, environmental protection, education, urban and rural development, welfare, recreation, public facilities, public safety, and child care; and

(2) be supervised on an ongoing basis at least once each day in which the individual is scheduled to participate in the community service.

(1) private sector employment is not available;

(2) the maximum community service placement for the individual does not exceed 90 days in a 3–year period;

(3) the Department offers to the individual at least three work activity options that shall include:

(i) subject to subsection (d) of this section, only one community service option; and

(ii) at least one work activity option or a program funded by the federal Workforce Innovation and Opportunity Act;

(4) the individual chooses the community service for work activity;

(5) the Department informs the individual that the individual may subsequently change to different work activity;

(6) the community service provides skills that match the individual’s personal, career, and family goals to support economic mobility; and

(7) when making appropriate community service assignments, the Department has considered the individual’s prior training, experience, and skills.

(d) If the Department offers community service as work activity, the Department may not offer work experience as work activity.

(e) If at any time the requirements of subsection (c) of this section are not met, an individual placed in community service may request a transfer to different work activity.

§ 5-309

(a) Except for an applicant or recipient who is a single child, the FIP shall include:

(1) an assessment of each applicant or recipient that considers:

(i) the reasons for applying for or continuing to rely on assistance;

(ii) an evaluation of appropriate work activities based on educational level, literacy, health, mental or physical impairments, housing stability, child care needs, transportation needs, history of domestic or family violence, job skills and readiness, and interests;

(iii) personal and family resources available to facilitate independence; and

(iv) whether the applicant or recipient qualifies for an exemption or has good cause not to participate in a work activity; and

(2) welfare avoidance grants that:

(i) meet immediate needs so that an applicant or recipient can avoid temporary cash assistance;

(ii) may be granted as the Department considers appropriate;

(iii) may not cover the same type of immediate need met by a previous welfare avoidance grant unless the Department determines that the current immediate need is a new and verified emergency;

(iv) do not exceed an amount of 3 months of temporary cash assistance, unless the Department determines there is a compelling need for an amount not exceeding 12 months; and

(v) may not duplicate periods of temporary cash assistance.

(b) Except for a recipient who is a single child, the FIP for a recipient shall include:

(1) an agreement between the Department and the recipient that:

(i) requires the recipient to cooperate with the child support enforcement agency to obtain support from a noncustodial parent;

(ii) requires the recipient to comply with reasonable requests for cooperation by case management workers in seeking and using programs and community and family resources that may be available to the recipient;

(iii) specifies the work activities in which the recipient will participate;

(iv) specifies the supportive services that the local department will assist in providing and that are necessary for the recipient to meet the recipient’s obligations under the FIP; and

(v) specifies the reasonable accommodations that a local department will provide to a recipient with a disability that are necessary for the recipient to meet the recipient’s obligations under the FIP;

(2) supportive services activities, including child care, to the extent resources allow;

(3) referral, as appropriate, to family planning counseling and services that:

(i) are not offered or conducted in a manner that:

1. is coercive;

2. violates the recipient’s confidentiality; or

3. violates the recipient’s bona fide religious beliefs and practices; and

(ii) give preference to eligible teen parents; and

(4) temporary cash assistance, as a last resort.

(1) to the extent resources allow, if the applicant is required to participate in a work activity as a condition of eligibility; or

(2) if providing child care eliminates the applicant’s need for cash assistance under the FIP.

(d) For an applicant or recipient who is a single child, the FIP shall include:

(1) referral to appropriate services; and

(2) temporary cash assistance for the recipient, as a last resort.

(e) To the extent resources allow, the FIP shall serve noncustodial parents who need employment services to pay child support obligations.

§ 5-310

*** CONTINGENCY – IN EFFECT – CHAPTER 229 OF 2002 ***

(a) (1) For a recipient that is an assistance unit that includes adults and children or minor parents and children, the amount of assistance shall be designated as follows:

(i) 75% for the child or children in the assistance unit; and

(ii) 25% for the adult member or members, or minor parent or parents of the assistance unit.

(2) For a recipient that is an assistance unit that includes only adults or a recipient who is a pregnant individual, 100% of the amount of assistance shall be designated for the adult member or members or the pregnant individual.

(3) For applicants to the FIP, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 20% of that earned income.

(4) (i) Through fiscal year 2027, the first $100 of child support collected in a month for one child and the first $200 of child support collected in a month for two or more children shall pass through to the family and shall be disregarded in computing the amount of assistance.

(ii) For fiscal year 2028, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 25% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(iii) For fiscal year 2029, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 50% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(iv) For fiscal year 2030, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 75% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(v) For fiscal year 2031 and each fiscal year thereafter, any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(5) For eligible recipients who obtain unsubsidized employment, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 40% of that earned income.

(b) A recipient who has established eligibility may not lose eligibility solely because one or more wage earners in the family unit works more than 100 hours per month.

(c) Two–parent families shall be exempt from any requirement that the principal wage earner must have worked for a specified time before applying to the FIP.

(d) (1) A child who is living with the child’s parent and a stepparent in a household in which the household income exceeds the State eligibility standard for assistance may receive assistance if:

(i) the requirements of § 5–308 of this subtitle are met; and

(ii) the parent and the child would be eligible for assistance, based on the income of the parent and that parent’s children.

(2) The amount of assistance to be paid under paragraph (1) of this subsection shall be computed with regard to the income of the stepparent if the total income of the stepparent equals or exceeds 50% of the official poverty level, adjusted for family size, established under the federal Community Services Block Grant Act.

(e) A dependent child over the age of 17 years is eligible for inclusion in the FIP grant if:

(1) the child is a full–time student in secondary school or the equivalent; and

(2) the education program is expected to be completed in the calendar year that the child attains the age of 19 years.

§ 5-310

*** CONTINGENCY – NOT IN EFFECT – CHAPTER 229 OF 2002 ***