COMAR Title 16 — DEPARTMENT OF JUVENILE SERVICES

16.01.01 Definitions; Rules of Construction

COMAR 16.01.01.01 Definitions.

A. In this title, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Addictions counselor” means an employee whose primary duty is to provide substance abuse services in accordance with his or her level of education, training, and experience.

(2) “Appointing authority” means:

(a) An appointing authority as defined in State Personnel and Pensions Article, §1-101, Annotated Code of Maryland; or

(b) That appointing authority's designee.

(3) “Case manager” means an employee assigned to provide case-management services to youth under the Department's supervision, whether that supervision be informal, probation, detention, commitment, aftercare, or otherwise.

(4) “Commit” has the meaning stated in Courts and Judicial Proceedings Article, §3-8A-01, Annotated Code of Maryland.

(5) “Commitment program” means any facility or program to which a committed youth is assigned by the Department.

(6) “Committed youth” means a youth who, on court disposition, is committed to the Department.

(7) “Community case manager” means an employee assigned to provide overall case-management to youth residing in the community.

(8) “Contraband” means any item, material, substance, or other thing that is:

(a) Prohibited for employee or youth possession by law, rule, or regulation, or by directive of the Secretary, a program manager, or an area director; or

(b) Brought into a facility or other program site in a manner or under circumstances that are prohibited by law, rule, or regulation, or by directive of the Secretary, a program manager, or an area director.

(9) “Department” means the Department of Juvenile Services.

(10) “Detained youth” means a youth who, pending court disposition, is assigned to the Department for detention.

(11) “Detention” has the meaning stated in Courts and Judicial Proceedings Article, §3-8A-01, Annotated Code of Maryland.

(12) “Detention program” means any facility or program to which a detained youth is assigned by the Department.

(13) “Direct care staff” means an employee whose primary duty is to provide direct supervision of youth.

(14) “Employee” means:

(a) Any employee of the Department or of any facility or other program; or

(b) Any volunteer who provides direct or indirect services to any youth in a facility or other program.

(15) “Facility case manager” means a case manager assigned to a residential facility.

(16) “Includes” or “including” means by way of illustration and not by way of limitation.

(17) “Juvenile justice monitor” has the meaning stated in State Government Article, §6-401, Annotated Code of Maryland.

(18) “Person” has the meaning stated in Human Services Article, §1-101, Annotated Code of Maryland.

(19) “Program” means any facility or program operated by, under contract with, licensed or certified by, or otherwise under the jurisdiction or supervision of the Department for the care or treatment of youth.

(20) “Program manager” means:

(a) The individual, regardless of title, who has on-site responsibility for and is in charge of all aspects of the management and operation of a facility or other program; or

(b) That individual's designee.

(21) “Secretary” means:

(a) The Secretary of Juvenile Services; or

(b) The Secretary's designee.

(22) “Secure facility” means a residential facility characterized by physically restrictive construction or procedures that are intended to prevent:

(a) Detained or committed youth from departing at will; and

(b) Unauthorized persons from having access to the facility.

(23) “Youth” means any detained youth, committed youth, or other individual referred to or under the jurisdiction of the Department.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.01.01.02 Rules of Construction.

A. In General. In interpreting and applying this title, the following rules of construction apply.

B. Gender. Words denoting one gender include and apply to the other genders as well.

C. Number. The singular includes the plural and vice versa.

D. Time Computations.

(1) Computation of Time After an Act, Event, or Default.

(a) In computing any period of time prescribed by this title, the day of the act, event, or default after which the designated period of time begins to run is not included.

(b) If the period of time allowed is more than 7 days, intermediate Saturdays, Sundays, and legal holidays are counted.

(c) If the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal holidays are not counted.

(d) The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(2) Computation of Time Before a Day, Act, or Event.

(a) In determining the latest day for performing an act that is required by this title to be performed a prescribed number of days before a certain day, act, or event, all days preceding that day, including intervening Saturdays, Sundays, and legal holidays, are counted in the number of days so prescribed.

(b) The latest day is included in the determination unless it is a Saturday, Sunday, or legal holiday, in which event the latest day is the first preceding day that is not a Saturday, Sunday, or legal holiday.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

16.01.02 Scope of Title

COMAR 16.01.02.01 Department's Role.

A. Statewide Responsibility. The Department of Juvenile Services is responsible for the administration of juvenile services throughout the State.

B. Operational Autonomy.

(1) The Department is operationally autonomous from agencies that administer adult services.

(2) The Department is responsible only for:

(a) Persons within the jurisdiction of the juvenile court; and

(b) Those youths who have been ordered by a juvenile court to be detained in a juvenile facility pending a transfer determination.

History

Administrative History: Effective date: June 18, 2007 (3412 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.01.02.02 Application to Public and Private Programs.

A. In General. Except as otherwise expressly provided, this title and all standards in this title apply to all facilities and other programs, including those provided by or purchased from the private sector.

B. Compliance Required. All programs, public or private, and their employees shall comply with all rules, regulations, codes of conduct, standards, and procedures contained in or adopted under this title.

C. Monitoring Activities. Monitoring activities by the Department or, to the extent of their jurisdiction, by juvenile justice monitors apply to all facilities and other programs, including those provided by or purchased from the private sector.

History

Administrative History: Effective date: June 18, 2007 (3412 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.01.02.03 Private-Sector Residential Facilities.

A. Additional Requirements. Private-sector residential programs shall also conform, as applicable, to COMAR 14.31.05—COMAR 14.31.07.

B. Rule of Construction. To the extent any provision of this title, as applied to private-sector providers, is inconsistent with any provision of a regulation listed in §A of this regulation, the latter prevails.

History

Administrative History: Effective date: June 18, 2007 (3412 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.01.02.04 Role of Outside Agencies.

A. Delineation Required. The role and function of any public or private agency providing services to the Department or to any youth under the jurisdiction of the Department shall be delineated in a written directive, contract, or memorandum of understanding that specifies the agency's responsibilities and relation to the Department and its program managers.

B. Annual Review. Each directive, contract, or memorandum of understanding shall be reviewed annually and updated as needed.

History

Administrative History: Effective date: June 18, 2007 (3412 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

16.01.03 Adoption, Amendment, or Repeal of Regulations

COMAR 16.01.03.01 In General.

A. Authority of Department. The Department may adopt, amend, or repeal regulations, on a regular or an emergency basis, as prescribed by the Administrative Procedure Act.

B. Notice and Opportunity for Comment. The Department shall:

(1) Provide public notice of the proposed adoption, amendment, or repeal; and

(2) Afford interested persons an opportunity to submit written data, views, or argument.

C. Hearing. The Department may hold a hearing on the proposed adoption, amendment, or repeal and afford interested persons the opportunity to:

(1) Submit evidence; and

(2) Make oral argument.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-122 and 10-123;Annotated Code of Maryland

COMAR 16.01.03.02 Petition—Authorized.

Any interested person may petition the Department for the adoption, amendment, or repeal of any regulation.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-122 and 10-123;Annotated Code of Maryland

COMAR 16.01.03.03 Petition—Form and Contents.

A. Form. The petition shall be:

(1) In writing; and

(2) Filed with the Secretary.

B. Contents. The petition shall contain:

(1) The petitioner's name, address, and telephone number;

(2) The proposed regulation change; and

(3) A brief statement of the reasons for the proposed change.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-122 and 10-123;Annotated Code of Maryland

COMAR 16.01.03.04 Petition—Action by Secretary.

A. Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.

B. Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:

(1) Consider the petition; and

(2) Either:

(a) Deny the petition and notify the petitioner in writing of the reasons for the denial; or

(b) Initiate the procedures for adopting, amending, or repealing the regulation, and notify the petitioner in writing of this action.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-122 and 10-123;Annotated Code of Maryland

16.01.04 Petition for Declaratory Ruling

COMAR 16.01.04.01 Petition Authorized.

Any interested person may petition the Department for a declaratory ruling on the manner in which the Department would apply any of the following to a person or property on the facts set forth in the petition:

A. A regulation of the Department;

B. An order of the Department; or

C. A law that the Department enforces.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-304 and 10-305; Annotated Code of Maryland

COMAR 16.01.04.02 Form, Contents, and Verification.

A. Form. The petition shall be:

(1) In writing; and

(2) Filed with the Secretary.

B. Contents. The petition shall:

(1) Contain the petitioner's name, address, and telephone number;

(2) Contain a detailed statement of the facts underlying the questioned applicability of the stated regulation, order, or law; and

(3) Pose the question of whether or in what manner the stated regulation, order, or law applies to the facts contained in the petition.

C. Verification. The petition shall also contain a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of the petitioner's knowledge, information, and belief.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-304 and 10-305; Annotated Code of Maryland

COMAR 16.01.04.03 Action by Secretary.

A. Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.

B. Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:

(1) Consider the petition; and

(2) Either:

(a) Issue a written declaratory ruling as requested; or

(b) Notify the petitioner in writing of the reasons for not issuing a declaratory ruling.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-304 and 10-305; Annotated Code of Maryland

COMAR 16.01.04.04 Effect of Ruling.

If the Secretary issues a declaratory ruling, that ruling binds the Department and the petitioner on the facts set forth in the petition.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-304 and 10-305; Annotated Code of Maryland

COMAR 16.01.04.05 Judicial Review.

A declaratory ruling issued under this chapter is subject to judicial review in the same manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, provides for review of a contested case.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-304 and 10-305; Annotated Code of Maryland

16.02.01 Definitions; General Provisions

COMAR 16.02.01.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrative law judge” has the meaning stated in COMAR 28.02.01.

(2) “Contested case” has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland.

(3) “Filed” means, unless otherwise indicated in this chapter, when the document is:

(a) Received by the Secretary or, if earlier, postmarked; and

(b) If required, served on the other parties to the proceeding.

(4) “Hearing” means a hearing to determine a contested case.

(5) “Party” means a person or agency, including the Department, named or admitted to participate in a hearing.

(6) “Person” includes a governmental entity or an instrumentality or unit of a governmental entity.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.02 Scope.

A. In General. This subtitle applies to contested-case hearings before the Secretary of Juvenile Services.

B. Hearings by Office of Administrative Hearings.

(1) In hearings conducted by an administrative law judge of the Office of Administrative Hearings (OAH), these regulations shall be construed, whenever possible, in harmony with COMAR 28.02.01.

(2) In the event of conflict between these regulations and COMAR 28.02.01, these regulations control.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.03 Delegation of Hearing Authority.

The Secretary may delegate all or part of the authority to hear a contested case to the OAH.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.04 Revocation of Delegation.

A. Criteria. The Secretary may revoke all or part of a delegation previously made to the OAH if the Secretary believes that the case might:

(1) Involve novel or unanticipated factual or legal issues;

(2) Have significant social or fiscal consequences;

(3) Involve policy issues of general applicability; or

(4) Be likely to have precedential value.

B. Timing. The revocation may be made at any time before the earlier of:

(1) The issuance of a ruling on a substantive issue; or

(2) The taking of oral testimony from the first witness.

C. Notice.

(1) The Secretary shall provide written notice of a revocation to all parties and the OAH.

(2) The written notice shall:

(a) Contain a brief statement of the reason for the revocation;

(b) Specify whether all or part of the delegation to hear the case is revoked; and

(c) If less than all of the delegation is revoked, specify the parts of the contested case for which the delegation has been revoked.

D. Decision; Record.

(1) The Secretary's subsequent decision in the case shall reflect the fact that delegation to the OAH was revoked.

(2) A copy of the revocation notice shall be made a part of the record.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.05 Time Modifications and Waivers.

A. By Secretary. The Secretary may modify or waive any time limit established by this subtitle.

B. By Administrative Law Judge. An administrative law judge may not modify or waive any time limit established by this subtitle except with the consent of all parties or the Secretary.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.06 Service.

A. Required. A copy of any notice, order, pleading, motion, response, correspondence, decision, paper, or other document filed in a proceeding shall be served promptly on all other parties to the proceeding or, as authorized or required by COMAR 16.02.02.06, their respective authorized representatives.

B. Manner. Unless otherwise required by law, service shall be made by personal delivery or by regular mail.

C. Permittees, etc. Service on a party to whom a permit, license, or certification has been issued by the Department may be made by delivering a copy to the last address provided by that party to the Department.

D. Proof of Service.

(1) Every paper or document filed in a proceeding, other than one filed by or on behalf of the Secretary, shall contain or be accompanied by a certificate of service.

(2) The certificate of service shall:

(a) Be signed by or on behalf of the party filing the paper or document; and

(b) Specify the:

(i) Date of service;

(ii) Manner of service;

(iii) Name of each person served; and

(iv) Address at which each person was served.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.07 Consolidation.

A. When Authorized. When proceedings involving a common question of law or fact are pending before the Secretary, the Secretary may consolidate the proceedings pursuant to a motion or on the Secretary's own initiative.

B. Special Procedures. If the consolidated proceedings involve different parties or burdens of going forward or persuasion, the Secretary may specify special procedures to assure an expeditious and just proceeding.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.08 Default.

A. In General. If, after receiving notice, a party fails to attend or participate in a prehearing conference, a hearing, or any other stage of a proceeding, the Secretary may:

(1) Proceed in that party's absence;

(2) Continue the matter to a later time; or

(3) Issue a default order against that party.

B. Motion to Vacate or Modify Default Order. Within 30 days after issuance of a default order, the party in default may file a written motion requesting that the order be vacated or modified.

C. Grant of Motion. The Secretary may grant the motion and vacate or modify the default order if the Secretary finds that:

(1) There is a substantial and sufficient basis for an actual controversy on the merits; and

(2) It is equitable to excuse the default.

D. Default Order as Final Decision. If a motion is not timely filed or if a motion is filed and denied, the default order is final and effective.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.01.09 Dismissal for Lack of Prosecution.

A. When Action Becomes Subject to Dismissal.

(1) In this section “docket entry”:

(a) Means filing a pleading, requesting a hearing date, or scheduling a proceeding; and

(b) Does not include the entry or withdrawal of an appearance, case status reports, or other inquiries.

(2) At the expiration of 6 months from the last docket entry, an action may be dismissed for lack of prosecution.

B. Initiation; Notice. On request of a party or on the Secretary's own initiative, the Secretary shall notify all parties that an order of dismissal for lack of prosecution will be entered after the expiration of 30 days from the notice, unless a motion is filed under §C of this regulation.

C. Motion and Deferral. On motion filed within 30 days of the notice and for good cause shown, the Secretary may defer entry of an order of dismissal for the period and on the terms the Secretary considers proper.

D. Entry of Order. If a motion is not timely filed or if a motion is filed and denied, the Secretary shall issue an order of dismissal.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

16.02.02 Prehearing Procedures

COMAR 16.02.02.01 Notice of Right to Hearing.

A. Notice Required. The Department shall provide notice of its action whenever, by law or regulation, that action gives rise to the right to request a contested-case hearing.

B. Contents. The notice shall state:

(1) The factual basis for the action;

(2) The statutory or regulatory provision under which the action is taken;

(3) The sanction proposed or potential penalty, if any;

(4) The right to request a hearing on the action;

(5) What a person must do to receive a hearing and the time periods within which the person must act; and

(6) The consequences of a failure to timely request a hearing or to appear for a scheduled hearing, including a statement that unless a hearing is requested the Department action becomes final and binding on all parties.

C. Accompanying Forms. If the Department requires that the request for a hearing be filed on a specific form, a copy of that form shall accompany the notice.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.02 Request for Hearing.

A. When Required. A request for a hearing shall be filed:

(1) Within the time period specified by relevant law; or

(2) If no time period is specified, within 30 days of the date of the notice of the right to a hearing.

B. Contents. The request shall:

(1) State the name and mailing address of the person requesting the hearing;

(2) Specify the action of the Department to which the request for hearing applies;

(3) Briefly state the basis for the request; and

(4) Provide or be accompanied by any documents or other information required by law.

C. Form. If the notice of the right to a hearing included a specific form for requesting a hearing, the request shall be made on that form.

Cross References

16.02.02.03B

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.03 Incomplete Request.

A. In General. If a hearing request lacks necessary information or is otherwise improper, the Secretary may:

(1) Deny the request;

(2) Return the request for resubmission in proper form and with all necessary information; or

(3) Conditionally accept the request subject to submission, within the time the Secretary specifies, of supplemental information.

B. Effect of Denial, Return, or Conditional Acceptance. The denial, return, or conditional acceptance of a request does not extend the time under Regulation .02A of this chapter within which a request is required to be filed.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.04 Notice of Hearing.

A. In General. The Secretary shall give all parties reasonable written notice of the hearing.

B. Contents. The hearing notice shall state:

(1) The date, time, place, and nature of the hearing;

(2) The right to:

(a) Call witnesses;

(b) Offer evidence, including rebuttal evidence;

(d) Present summation and argument;

(3) The right, if applicable, to request subpoenas for witnesses and evidence, and the costs, if any, associated with such a request;

(4) The right to request a copy of the hearing proceedings and the costs, if any, associated with such a request;

(5) Any right or restrictions on representation;

(6) That failure to appear for the scheduled hearing may result in an adverse action against that party; and

(7) That the parties may agree to the evidence and waive their right to appear at the hearing.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.05 Expedited Hearing.

A. In General. Any party may file a motion for an expedited hearing.

B. Contents. The motion for an expedited hearing shall set forth the reasons for the request.

C. Waiver. A request for an expedited hearing waives applicable notice requirements.

D. Ruling.

(1) The Secretary shall rule on a request for an expedited hearing within 3 days after receiving the request.

(2) All parties shall be notified promptly of the decision on the motion.

E. Timetable. If the Secretary grants an expedited hearing, the Secretary's ruling shall establish precise time frames for the conduct and completion of the hearing and for the issuance of a final decision.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.06 Representation; Entry of Appearance.

A. In General. A party may:

(1) Represent himself or herself;

(2) Be represented by an attorney authorized to practice law in Maryland; or

(3) If authorized by law, appear through a representative who is not an attorney.

B. Entry of Appearance Required. A party's representative shall enter an appearance with the Secretary.

C. Effect of Entry—General. After an appearance has been entered and unless subsequently withdrawn in writing:

(1) The representative shall be sent copies of all notices, pleadings, and other correspondence; and

(2) All notices, pleadings, and other correspondence required to be sent to a party may be sent instead to that party's representative and all presumptions regarding notices to parties shall apply.

D. Effect of Entry—Attorney. If a party is represented by an attorney, all discovery requests, submissions of evidence, examinations of witnesses, objections, and motions on behalf of the party may be made only by the party's attorney.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.07 Discovery.

A. Request for Production of Documents.

(1) By timely written request, a party may require any other party to produce, for inspection or copying, any file, memorandum, correspondence, or other document or any tangible thing that is:

(a) Relevant to the subject matter of the case; and

(b) Not privileged.

(2) To be timely, the written request shall be served on all parties and filed with the Secretary not later than 30 days before the scheduled hearing.

B. Compliance.

(1) The party to whom the request is addressed shall comply within 15 days of service.

(2) Copies of requested documents shall be made at the expense of the party making the request.

(3) The charge for copies of requested documents may be waived or reduced by the custodian of the documents in accordance with COMAR 16.03.03.09G, or other applicable law.

C. Regulation Exclusive. Unless otherwise provided by law or by agreement of the parties, no other discovery procedure may be required.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.08 Subpoenas.

A. Issuance Authorized. On request of a party, the Secretary may issue subpoenas to require:

(1) The attendance and testimony of witnesses at the hearing; and

(2) The production at the hearing of any tangible items in the possession or under the control of a witness.

B. Requests.

(1) A request for a subpoena shall be in writing.

(2) To the extent practicable, the request shall be filed at least 10 days before the hearing.

(3) The request shall:

(a) Specify the name and full address of the person to be subpoenaed;

(b) Describe with particularity any tangible items to be produced under the subpoena; and

(4) A subpoena request need not be served on other parties.

C. Service.

(1) Subpoenas may be served as follows:

(a) By personal delivery by an individual who is 18 years old or older and not a party to the proceeding;

(b) By certified mail to the person at the address specified in the subpoena request; or

(2) For subpoenas requested fewer than 10 days before the scheduled hearing, the requestor shall provide service.

(3) In all events, the costs of personal delivery or certified mail are the responsibility of the person requesting that service.

D. Proof of Service. Proof of service may be made as follows:

(1) For certified mail, by filing the original return receipt; and

(2) For personal delivery, by an affidavit that:

(a) Is signed by the person who made service;

(b) Avers that the affiant is 18 years old or older and not a party to the proceeding; and

(i) The name of the person served;

(ii) The date on which the person was served; and

(iii) The particular place of service.

E. Objections. A person may object to a subpoena by filing a motion to quash or for other relief.

F. Enforcement. On a person's failure to comply with a subpoena, the Secretary or the party requesting the subpoena may apply to an appropriate circuit court for its enforcement.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.09 Intervention.

A. Criteria. On timely motion, a person may be permitted to intervene in an action if:

(1) The person has standing; and

(2) The person:

(a) Has an unconditional right to intervene as a matter of law; or

(b) Claims an interest relating to the subject matter of the hearing that is:

(i) Adversely affected; and

(ii) Not adequately represented by existing parties.

B. Deadline. To be timely, a motion to intervene shall be filed not later than 15 days before the earlier of the prehearing conference or the scheduled hearing.

C. Contents. The motion to intervene shall:

(1) State the grounds for the motion; and

(2) Set forth the claim or defense for which intervention is sought.

D. Considerations; Conditions.

(1) The Secretary shall consider:

(a) Whether the grounds for the motion meet the criteria for intervention; and

(b) If they do, whether the intervention nonetheless will unduly delay or prejudice the adjudication of the rights of the original parties.

(2) As soon as practicable, the Secretary shall issue an order denying or allowing the intervention.

(3) In an order allowing intervention, the Secretary may place conditions on the intervenor's participation in the proceedings.

E. Judicial Review.

(1) Judicial review of the denial of a motion to intervene may be sought in accordance with law.

(2) The Secretary may stay proceedings pending resolution of a judicial review sought under this section.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.10 Prehearing Conference.

A. In General. The Secretary may hold a prehearing conference to address and seek to resolve any one or more of the following preliminary matters:

(1) Issuance of subpoenas;

(2) Identification of contested factual and legal issues;

(3) Stipulations;

(4) Requests for official notice;

(5) Identification and exchange of documentary evidence;

(6) Admissibility of evidence;

(7) Identification and qualification of witnesses;

(8) Motions;

(9) Discovery disputes;

(10) Order of presentation;

(11) Scheduling;

(12) Settlement possibilities or conferences; and

(13) Any other matters that might promote the orderly and prompt conduct of the hearing.

B. Preconference Submissions. The Secretary may require the parties to submit prehearing statements or other relevant information before the prehearing conference.

C. Conduct of Conference.

(1) The prehearing conference may be conducted by telephone, video, or other electronic means.

(2) At the Secretary's discretion, all or part of the prehearing conference may be recorded.

D. Prehearing Orders.

(1) Unless otherwise stated in this subtitle, the Secretary shall issue a prehearing order that sets forth the actions taken or to be taken on any matter addressed at the prehearing conference.

(2) The prehearing order shall be made a part of the record.

(3) Each party to the proceeding is bound by the Secretary's prehearing order, whether the party participated in the prehearing conference or not.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.02.11 Alternative Dispute Resolution.

A. In this regulation, “ADR” means alternative dispute resolution, a process of resolving matters pending before the Secretary through one or more of the following:

(1) Settlement conference;

(2) Neutral case evaluation;

(3) Neutral fact finding; or

(4) Other nonadversarial dispute resolution process.

B. Authorized. If all parties agree, the Secretary may schedule an ADR proceeding.

C. Presiding Officer. The individual who presides at the ADR proceeding may not:

(1) Preside at the prehearing conference, the hearing on the merits, or any other stage of the contested case;

(2) Advise the Secretary regarding any decision on the merits of the contested case; or

(3) Be called to testify, participate in discovery, or otherwise provide information in any subsequent stage of the contested case.

D. Confidentiality of Proceedings.

(1) An ADR proceeding is confidential and shall be closed to the public.

(2) Discussions in an ADR proceeding may not be made a part of the record of any stage of the contested case.

(3) An ADR proceeding may not be recorded electronically or in any other manner.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

16.02.03 Motions

COMAR 16.02.03.01 In General.

A. Scope. Unless otherwise provided in this subtitle, this chapter governs all motions filed with the Secretary.

B. When Authorized. Unless otherwise provided in this subtitle, a party may move for appropriate relief before or during a hearing.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.03.02 Motions Before Hearing.

A. To Be in Writing. Except as otherwise provided in this subtitle, all motions made before a hearing shall be submitted in writing.

B. Filing and Service. The motion shall be filed with the Secretary and served on all parties at least 15 days before the hearing.

C. Contents. The motion shall:

(1) State concisely the question to be determined; and

(2) Be accompanied by any necessary supporting documentation.

D. Answer. An answer to a prehearing motion shall be filed and served on all parties by the earlier of:

(1) 15 days after receipt of the motion; or

(2) The date of the hearing.

E. Hearing on Motion.

(1) On notice to all parties, the Secretary may schedule a hearing to consider a prehearing motion.

(2) Failure of a party to attend a hearing scheduled to consider a prehearing motion may be grounds for a decision adverse to that party.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.03.03 Motions During Hearing.

During a hearing, all motions shall be submitted orally.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.03.04 Motion to Dismiss.

On motion of a party or on the Secretary's own initiative, the Secretary may issue a final decision dismissing a notice of agency action, an appeal of an agency action, or any other request for a hearing that fails to state a claim for which relief may be granted.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.03.05 Motion for Summary Decision.

A. In General. A party may move for summary decision on any appropriate issue in the case.

B. Decision. The Secretary may grant a final summary decision if the Secretary finds that:

(1) There is no genuine issue as to any material fact; and

(2) The moving party is entitled to prevail as a matter of law.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.03.06 Ruling on Motion.

A. In General. Except as provided in §B of this regulation, the Secretary may:

(1) Issue a written decision on a motion; or

(2) State the decision on the record.

B. Reserved Ruling.

(1) The Secretary may reserve ruling on a motion until after the hearing.

(2) If a ruling is reserved, the ruling shall be issued:

(a) In a separate writing; or

(b) As part of the Secretary's final decision.

C. Effect of Ruling. All parties are bound by the Secretary's ruling notwithstanding their failure to attend a hearing.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.03.07 Time Limits Unaffected by Motion.

The filing or pendency of a motion does not alter or extend any time limit otherwise established by law or this subtitle.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

16.02.04 Hearing Procedures

COMAR 16.02.04.01 Venue.

Hearings shall be conducted at a site designated by the Secretary.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.02 Proceedings to be Public.

A. In General.

(1) Except as otherwise provided in this regulation, all proceedings before the Secretary shall be open to the public.

(2) Proceedings shall be closed to the public to the extent:

(a) Necessary to preserve confidentiality provided by law for individuals or records; or

(b) Otherwise required by law.

(3) On motion or on the Secretary's own initiative, the Secretary may close all or any part of the proceedings for good cause shown.

B. Maintaining Order. The Secretary may:

(1) Remove individuals whose conduct impedes the orderly progress of the hearing; and

(2) Restrict attendance because of the physical limitations of the hearing facility.

C. Recording Equipment. Recording equipment (cameras, tape recorders, and other sound or video equipment) shall be excluded from the hearing room:

(1) When required by law; or

(2) If the Secretary determines that the use of this equipment may impede the orderly progress of the proceedings or otherwise interfere with the process.

D. Records. Unless otherwise provided by law, all documents, notices, and records in the Secretary's possession as a result of a contested-case proceeding are subject to inspection and copying under the Public Information Act (State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland), and COMAR16.03.03.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.03 Postponement; Continuance.

A. Request for Postponement. A request for postponement may be made in writing or by telephone.

B. Parties to be Contacted. When practicable, all parties to a proceeding shall be contacted before a ruling is made on the request.

C. Action by Secretary.

(1) The Secretary may grant the motion for good cause and as justice requires.

(2) The Secretary may postpone or continue a hearing on the Secretary's own initiative.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.04 Hearing by Telephone or Other Electronic Means.

A. In General.

(1) Except as otherwise provided in this section, the Secretary may conduct all or part of the hearing by telephone, video conference, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and (for video means) see the entire proceeding.

(2) On objection for good cause, the hearing shall be conducted in accordance with the alternatives specified in State Government Article, §10-211(b), Annotated Code of Maryland.

B. Rights Unaffected. All substantive and procedural rights apply to telephone, video conference, or other electronic hearings, subject only to the limitations of the physical arrangement.

C. Documentary Evidence. For a hearing conducted by electronic means, documentary evidence to be offered must be delivered by the proponent to all parties and the Secretary at least 1 day before the hearing.

D. Default. For a hearing conducted by electronic means, the following may be considered as a failure to appear and grounds for default, if the condition exists for more than 15 minutes after the scheduled start of the hearing:

(1) Failure to answer telephone;

(2) Failure to free telephone for a hearing;

(3) Failure to be present in the designated video or audio hearing room; or

(4) Any other failure to be ready to proceed with the hearing as scheduled.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.05 General Conduct of Hearings.

A. Secretary's Duties. The Secretary shall:

(1) Conduct a full, fair, and impartial hearing;

(2) Take action to avoid unnecessary delay in the disposition of the proceedings; and

(3) Maintain order.

B. Secretary's Powers—General. The Secretary's authority to regulate the conduct of the proceedings includes the power to:

(1) Administer oaths and affirmations;

(2) Rule on offers of proof and receive relevant and material evidence;

(3) Rule on motions;

(4) Call and examine witnesses to insure a full and complete record;

(5) Limit unduly repetitious testimony and limit the time for presentations;

(6) Request parties to submit legal memoranda and proposed findings of fact and conclusions of law;

(7) Issue orders as necessary to secure procedural simplicity and administrative fairness and to eliminate unjustifiable expense and delay;

(8) Conduct the hearing in a manner suited to ascertain the facts and safeguard the parties' rights; and

(9) Impose appropriate sanctions for failure to abide by this subtitle or any order of the Secretary.

C. Secretary's Powers—Prehearing Order. Whether or not a prehearing conference is held, the Secretary may issue a prehearing order to regulate the conduct of the proceedings.

D. Sanctions. The sanctions authorized by this regulation include:

(1) Limiting the issues to be heard;

(2) Dismissing all or any part of the request for a hearing; or

(3) Entering an order on the merits against a party.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.06 Stipulations.

A. Authorized. The parties may agree by stipulation to any substantive or procedural matter.

B. How Made. A stipulation may be filed in writing or entered on the record at the hearing.

C. Additional Development. The Secretary may require additional development of stipulated matters.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.07 Waiver of Right to Appear.

A. In General.

(1) A party may waive the right to appear personally at the hearing.

(2) A waiver may be made:

(a) Orally to the Secretary; or

(b) In writing and filed with the Secretary.

B. Withdrawal. A waiver may be withdrawn only by written notice received by the Secretary at least 5 days before the earlier of:

(1) The scheduled hearing; or

(2) The date that applicable law permits for the issuance of the Secretary's decision.

C. Not a Default. If a party has filed a waiver under this regulation, the failure of that party to appear personally or by representative may not result in a finding of default.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.08 Waiver of Hearing.

The Secretary need not hold a hearing if all parties agree to the admission of evidence and waive their right to appear.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.09 General Order of Proceedings.

A. Start of Proceeding. At the start of the proceedings, the Secretary shall:

(1) Briefly explain the purpose and nature of the hearing; and

(2) State the order of presentation of evidence.

B. Preliminary Matters. The Secretary may allow the parties, before presentation of evidence, to:

(1) Present preliminary matters; and

(2) Make opening statements.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.10 Admission and Exclusion of Evidence.

Evidence shall be admitted and excluded in accordance with State Government Article, §10-213, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.11 Witnesses.

A. Witness List.

(1) Prior to the hearing, and whether or not a prehearing conference is held, the Secretary may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call.

(2) Failure to comply in good faith with the order is grounds for the refusal to admit the oral or written testimony of that witness or a report of that expert.

B. Oath or Affirmation. Witnesses shall take an oath or affirmation to tell the truth.

C. Exclusion from Proceedings.

(1) On request of a party, the Secretary shall exclude witnesses other than parties from the hearing room, except when testifying.

(2) A party, representative, witness, spectator, or other person may not disclose to any witness excluded under this section the nature, substance, or purpose of any testimony, exhibit, or other evidence introduced during that witness' absence.

(3) A party that is not an individual may designate an employee or officer to remain in the hearing room as its representative, even though the employee or officer may be a witness.

(4) An expert witness who is to render an opinion based on testimony given at the hearing may remain during that testimony.

(5) If a witness receives information in violation of this section, the Secretary may:

(a) Exclude the testimony of that witness; or

(b) Take other appropriate action.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.12 Affidavits; Prefiled Testimony.

A. Affidavits. The Secretary may admit an affidavit as evidence.

B. Prefiled Testimony.

(1) In the Secretary's discretion, testimony may be received in written form.

(2) The testimony shall be filed with the Secretary and served on opposing parties at least 5 days before the hearing.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.13 Interpreters.

A. Appointment. If a party or witness cannot readily hear, speak, or understand spoken or written English, the Secretary shall arrange for a qualified interpreter to provide assistance during the hearing.

B. Oath or Affirmation. The interpreter shall take an oath or affirm that he or she will accurately translate.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.14 Burdens of Going Forward and Persuasion.

A. Scope. This regulation does not modify any burden of going forward or burden of persuasion that is imposed on a party by specific statute or regulation.

B. Burdens for Permits, Licenses, and Certifications.

(1) A party requesting a hearing following notice of the Department's intent to deny or refuse to renew a permit, license, or certification bears:

(a) The burden of going forward to establish a prima facie case of entitlement to the permit or license; and

(b) The burden of persuasion that the permit or license should be issued.

(2) A party contesting the Department's proposed decision to issue or renew a permit, license, or certification bears:

(a) The burden of going forward to establish a prima facie case that grounds exist for denying the license or permit; and

(b) The burden of persuasion that the license or permit should be denied.

(3) In a proceeding following notice by the Department of an intent to revoke or suspend a permit, license, or certification, the Department bears:

(a) The burden of going forward to establish a prima facie case as to the existence of grounds for revocation or suspension; and

(b) The burden of persuasion that the permit, license, or certification should be revoked or suspended.

C. Burdens Established—Departmental Order. In a proceeding contesting an order or proposed order of the Department, the Department bears:

(1) The burden of going forward to establish a prima facie case as to existence of grounds for issuance of the order; and

(2) The burden of persuasion that the order be issued.

D. Burdens Established—Party Asserting Affirmative of Issue. Except as otherwise specified in this regulation, the party asserting the affirmative of an issue before the Secretary bears both the burden of going forward and the burden of persuasion.

E. Secretary's Decision.

(1) The Secretary shall find against a party with the burden of going forward if that party has not presented sufficient evidence to establish a prima facie case for the party's claim or defense.

(2) The Secretary shall find against a party with the burden of persuasion if that party has not presented evidence sufficient to establish the correctness of the party's claim or defense by a preponderance of the evidence.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.04.15 Transcript of Proceedings.

A. Recording.

(1) A recording of the hearing shall be made at the Department's expense.

(2) The recording need not be transcribed unless requested by a party or by the Secretary.

B. Transcription.

(1) If a party is seeking judicial review of a final decision, that party shall request a transcript of the recording, unless a transcript already has been prepared.

(2) If a party is excepting to or appealing from a proposed decision, that party shall request a transcript of the recording, unless a transcript already has been prepared or the Secretary waives the requirement for a transcript.

(3) The party requesting the transcript is responsible for all costs of transcription unless, at the party's request, the Department agrees to reduce or waive those costs for good cause shown.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

16.02.05 Record, Decision, and Judicial Review

COMAR 16.02.05.01 Record of Proceedings.

A. Record Required. The Secretary shall prepare an official record of each hearing.

B. Contents. The record shall consist of:

(1) All documents giving rise to the proceeding;

(2) All requests for hearing;

(3) All notices of proceedings;

(4) All prehearing orders;

(5) All questions;

(6) All motions, pleadings, petitions, and requests and the ruling on each;

(7) All briefs and memoranda;

(8) All documentary and tangible evidence received or considered;

(9) A statement of each fact of which official notice is taken;

(10) Each proffer of proof and the ruling on the proffer;

(11) Each objection and the ruling on the objection;

(12) Any staff memorandum submitted to an individual involved in the decision-making process by an official or employee of the Department who is not authorized to participate in the decision-making process;

(13) All matters placed on the record after an ex parte communication;

(14) Each proposed finding of fact, conclusion of law, and order proposed by a party or the presiding officer;

(15) Each exception to a proposed finding of fact, conclusion of law, or order proposed by the presiding officer;

(16) Each intermediate, proposed, and final ruling or order, including each report or opinion issued in connection with that ruling or order; and

(17) The recording of the hearing and, if made, of any prehearing proceeding, and any transcript made of the recording.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.05.02 Proposed Decision and Order.

Each proposed decision and order shall comply with State Government Article, §10-220, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.05.03 Exceptions.

A. Time for Filing. Exceptions to a proposed decision and order shall be filed with the Secretary within 21 days after the proposed decision and order is issued.

B. Form and Contents. All exceptions shall:

(1) Be in writing;

(2) Identify each portion of the proposed decision to which exception is taken; and

(3) Contain a concise statement of the asserted basis for taking the exception.

C. Service. A copy of the exceptions shall be served on all parties.

D. Argument.

(1) All parties shall be afforded the opportunity to present written argument to the Secretary.

(2) The Secretary may conduct an exceptions hearing for the purpose of hearing oral argument. The length of any argument may be limited at the Secretary's discretion.

E. Review Limited to Hearing Record.

(1) The Secretary's review and consideration of exceptions shall be limited to the record.

(2) At an exceptions hearing:

(a) Additional evidence may not be introduced; and

(b) Additional witnesses may not be heard by the Secretary.

F. Reference to Hearing Evidence.

(1) If a party intends to refer to any evidence produced at the hearing, the party shall notify the Department of the specific evidence in its request for exceptions.

(2) That party is responsible for filing with the Secretary a copy of the transcript of the hearing, or relevant portions of it, at that party's expense, at least 5 days before the scheduled exceptions hearing, if a hearing is to be held.

(3) If all parties agree, a stipulation of facts may be submitted instead of a transcript.

G. Decision.

(1) The Secretary shall consider all exceptions timely filed before rendering a final decision.

(2) The Secretary shall adopt a final decision and an order as soon as possible after exceptions have been filed and argument presented.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.05.04 Final Decision and Order.

A. In General. Each final decision and order shall comply with State Government Article, §10-221, Annotated Code of Maryland.

B. Authority of Secretary.

(1) The Secretary is not bound by an administrative law judge's recommendation, even if no exceptions have been filed.

(2) If exceptions have not been filed and, after reviewing a proposed decision by an administrative law judge, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments from the affected parties on the issues the Secretary is reconsidering.

C. Final Agency Decision.

(1) The Secretary's decision is the final decision of the Department for the purpose of judicial review.

(2) In the event of fraud, mistake, or irregularity, the Secretary may correct a final decision at any time.

D. Service. Copies of the final decision, including the Secretary's findings of fact, conclusions of law, and order, shall be delivered or mailed promptly to all parties.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.05.05 Stay.

A. Request Authorized. Except as prohibited by law, a party that is adversely affected by a final order may request a stay from the Secretary pending judicial review.

B. Time for Filing. A request for a stay shall be filed with the Secretary within 10 days of the date of the final order from which the stay is sought.

C. Contents. The request shall include:

(1) A statement of the reasons the stay is sought; and

(2) A statement of the grounds for judicial review.

D. Effect of Request. A request for a stay does not operate as a stay and does not extend the time for seeking judicial review.

E. Grant of Stay.

(1) The Secretary may hold a hearing on the request for a stay or rule on the request without a hearing.

(2) The Secretary may grant the stay subject to the conditions, including security or bond, that the Secretary considers proper.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

COMAR 16.02.05.06 Judicial Review.

A. Requisites. Unless otherwise agreed to by the parties, a party may not seek judicial review of a decision of the Secretary unless:

(1) The party has filed exceptions with the Secretary to the proposed decision; and

(2) The Secretary has rendered a final decision.

B. Exception. This regulation does not apply to cases for which the Secretary has delegated final decision-making authority to the Office of Administrative Hearings.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

16.03.01 Youth Records

COMAR 16.03.01.01 Individual Case Records.

A. Required. Each facility or other program to which a youth is principally assigned shall maintain a case record for each youth assigned to that program.

B. Contents. The case record shall include:

(1) Identifying information about the youth and the youth's parents, guardians, or care-givers;

(2) A recent photograph of the youth;

(3) Prior placement information;

(4) A treatment service plan adopted under Courts and Judicial Proceedings Article, §3-8A-20.1, Annotated Code of Maryland;

(5) Documentation of services provided during the youth's detention or commitment;

(6) Documentation of services provided or offered to the youth in the community;

(7) Written reports about the youth;

(8) Health records, including health, mental health, substance abuse, and other evaluations of the youth, including suicide risk;

(9) Educational records;

(10) Legal documents;

(11) Classification and assessment documents;

(12) A discharge plan that specifies the required level of supervision and services;

(13) Disciplinary incident documentation; and

(14) Progress notes.

C. Retention Period. The Department shall retain the case record for each youth in accordance with its most currently approved records retention schedule.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.01.02 Program Register.

A. Required. Each facility or other program shall maintain a register of each youth admitted to the program.

B. Contents. The register shall include each youth's:

(1) Name;

(2) Sex;

(3) Date of birth;

(4) County of residence;

(5) Court status;

(6) Date of admission and then-anticipated date of discharge; and

(7) Date of discharge.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.01.03 Closure of Private-Sector Program.

The Department shall require that, if a private-sector program closes, all case records and all other records concerning particular youth are:

A. Returned to the Department; or

B. Retained securely until their destruction is ordered or required by the Department.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.01.04 Change in Provider.

The Department shall require that, if there is a change in the private-sector provider operating a program, the former provider turn over all case records and other records concerning particular youth to the Department or to the new provider.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.01.05 Destruction of Records.

The Department and each program may destroy records only in a manner that:

A. Preserves their confidentiality; and

B. Is consistent with State law and policy on records retention and destruction.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

16.03.02 Records Security and Confidentiality

COMAR 16.03.02.01 In General.

All records and other information kept by the Department or any program about any youth shall be maintained and properly secured to preserve their confidentiality.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-219; Courts and Judicial Proceedings Article, §3-8A-27; Annotated Code of Maryland

COMAR 16.03.02.02 Release Restricted.

An employee of the Department or of any program, public or private, may not disclose or knowingly allow the disclosure of any confidential record or information to any person except in accordance with law.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-219; Courts and Judicial Proceedings Article, §3-8A-27; Annotated Code of Maryland

COMAR 16.03.02.03 Policies.

A. In General. The Secretary shall issue policies, as appropriate, to ensure that all records and other information are maintained in a secure fashion to prevent loss, destruction, or unauthorized access.

B. Elements. Policies under §A of this regulation shall, at a minimum:

(1) Identify the staff positions responsible for the custody and maintenance of records and information;

(2) Warn all employees of the Department and of all private-sector providers that they may not disclose or knowingly permit the disclosure of any confidential record or information to any unauthorized person; and

(3) Establish procedures to monitor and track access to all records and information.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-219; Courts and Judicial Proceedings Article, §3-8A-27; Annotated Code of Maryland

16.03.03 Inspection and Copying under Public Information Act

COMAR 16.03.03.01 Purpose.

This chapter sets out the procedures for filing requests with the Department for the inspection and copying of records under the Public Information Act. It is the Department's policy to facilitate access to public records by minimizing costs and time delays to persons requesting information.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.02 Definitions.

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) “Act” or “Public Information Act” means State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland.

(2) “Applicant” means a person who asks to inspect a public record.

(3) “Custodian” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.

(4) “Official custodian” means, unless otherwise provided by law, the Secretary.

(5) “Public record” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.03 Who, When, and Where.

A. Who May Request. Any person may request to inspect or copy a public record that is in the Department's custody and control.

B. Time of Inspection. An applicant may inspect a public record during the Department's normal working hours.

C. Place of Inspection. The inspection shall take place where the document is located unless, after taking into account the applicant's wishes, the custodian determines that another place is more suitable and convenient.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.04 Records Designated for Immediate Inspection.

A. Secretary to Consider Designation. From time to time, the Secretary shall consider whether to designate specific types of public records to be made immediately available for inspection, without need for a written request.

B. List of Designated Records. The Secretary shall maintain and make available to custodians a current list of the types of public records that the Secretary has designated under §A of this regulation.

Cross References

16.03.03.05A(2)(a)

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.05 Request to Inspect.

A. In General.

(1) Except as provided in §A(2) of this regulation, a request to inspect a public record shall be made in writing.

(2) A request need not be in writing if:

(a) The record is of a type listed by the Secretary under Regulation .04B of this chapter; or

(b) The custodian waives the requirement for a written request.

B. Contents of Written Request. A written request shall:

(1) Reasonably identify, by brief description, the record sought;

(2) Contain the applicant's name, address, and telephone number, as needed for the purpose of contacting the applicant; and

(3) Be signed by the applicant.

C. Filing Written Request. The applicant shall address a written request to the custodian of the record sought.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.06 Response to Written Request.

A. In General. Within the time limits and in the manner prescribed by the Act, a custodian shall respond in writing to a written request as provided in this regulation.

B. If Respondent Not Custodian. If the person to whom the request is made is not the custodian of the requested records, the person shall so notify the applicant as provided in State Government Article, §10-614(a), Annotated Code of Maryland.

C. If Record Does Not Exist. If the person to whom the request is made determines that the record does not exist, the person shall so notify the applicant as provided in State Government Article, §10-614(a), Annotated Code of Maryland.

D. If Respondent is Custodian. If the person to whom the request is made is the custodian of the requested records, the custodian shall:

(1) Grant the application, in whole or in part, in accordance with State Government Article, §§10-614(b) and 10-620, Annotated Code of Maryland;

(2) Deny the application, in whole or in part, as required or authorized by State Government Article, §§10-615—10-618, Annotated Code of Maryland, and these regulations, in accordance with State Government Article, §10-614(b), Annotated Code of Maryland; or

(3) If the official custodian believes that inspection would cause substantial injury to the public interest, deny inspection temporarily and seek court approval in accordance with State Government Article, §10-619, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.07 Notice to Persons Affected by Disclosure.

A. Notice. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made.

B. Consideration of Views. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant. However, the custodian may not deny disclosure except as authorized and for the reasons given in the Act or this subtitle.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.08 Review of Denial.

A. Right to Review. Except for a temporary denial under State Government Article, §10-619, Annotated Code of Maryland, if a written request is denied by the custodian, the applicant may:

(1) Within 30 days after receiving notice of the denial, request an administrative hearing under State Government Article, §10-622, Annotated Code of Maryland; or

(2) File an action in circuit court under State Government Article, §10-623, Annotated Code of Maryland.

B. Conduct of Administrative Hearing. If the applicant requests an administrative hearing, the hearing shall be conducted as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 16.02.

C. Judicial Review. If the hearing results in a total or partial denial of the written request, the applicant may file an action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

COMAR 16.03.03.09 Fees.

A. In General.

(1) Except as otherwise provided in this section, the fee schedule for copying and certifying copies of records is as provided in this regulation.

(2) If the fee for a copy, printout, photograph, or certification of any record is specified by other law, the specified fee governs over the fees in this regulation.

(3) No fee may be charged if the total amount accrued under the fee schedule is $1 or less.

B. Search and Preparation Time.

(1) Except as provided in §B(2) of this regulation, the Secretary may establish and charge a reasonable fee for:

(a) Time spent searching for requested records; and

(b) Time spent preparing records for inspection and copying.

(2) No fee may be charged for the first 2 hours needed to search for a record and prepare it for inspection.

C. Photocopying. If the copying is done on a machine that belongs to the Department, the charge is:

(1) 25 cents a page; plus

(2) For any copying that requires more than 10 minutes of an employee's time, commensurate with that employee's rate of compensation for the time spent.

D. Other Reproductions.

(1) For records that are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be the actual cost, determined on a case-by-case basis.

(2) If the custodian is unable to copy a record within the Department, the custodian shall arrange for the prompt reproduction of the record at other public or private facilities. The charge for reproducing the record will be the actual cost, determined on a case-by-case basis.

E. Certification of Copies. For certifying a record as being a true copy of the original, the fee is $1 for each certification.

F. Cost Estimates. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain the applicant's agreement to pay the cost. The custodian may require the applicant to prepay the estimated cost by cash or certified check.

G. Waiver or Reduction. On an applicant's request, the custodian may waive or reduce any fee imposed under this regulation if, after considering the applicant's ability to pay and other relevant factors, the custodian determines that the waiver or reduction is in the public interest.

H. Postage or Delivery Costs. If the applicant requests that copies be mailed or delivered, the custodian may charge the applicant for the cost of postage or delivery.

Cross References

16.02.02.07B(3)

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland

16.03.04 Correction of Personal Records

COMAR 16.03.04.01 Purpose.

This chapter sets out procedures for requesting the correction of personal records under State Government Article, §10-625, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.02 Definitions.

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) “Custodian” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.

(2) “Personal record” has the meaning stated in State Government Article, §10-624, Annotated Code of Maryland.

(3) “Person in interest” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.03 Request Authorized.

A person in interest may request the Department to correct inaccurate or incomplete information in any public record of the Department that the person in interest is authorized to inspect.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.04 Form and Contents of Request.

A. Form. The request shall be:

(1) In writing; and

(2) Filed with:

(a) The custodian of the record; or

(b) If the custodian is unknown to the person in interest, the Secretary.

B. Contents. The request shall:

(1) Contain the name, address, and telephone number of the person requesting the correction;

(2) Identify the personal records sought to be corrected;

(3) Specify the precise correction sought; and

(4) State the reason for the correction.

Cross References

16.03.04.05

16.03.04.06A

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.05 Return of Incomplete Request.

If a request does not reasonably comply with Regulation .04 of this chapter, it shall be returned to the person with an explanation of the reason for the return and a statement that, on completion, it may be refiled with the Department.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.06 Response to Request.

A. In General. Within 30 days after receiving a request that complies with Regulation .04 of this chapter, the custodian shall:

(1) Make or refuse to make the requested correction; and

(2) Notify the person in writing of the action taken.

B. If Refused.

(1) If the custodian refuses to make the requested correction, the notice shall inform the person of the reason for the refusal.

(2) The notice shall specify whether the refusal is because:

(a) The person is not a person in interest;

(b) The records sought to be corrected are not personal records;

(d) The records are correct as they stand; or

(e) Of any other reason authorized by law.

Cross References

16.03.04.07A

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.07 Statement of Disagreement.

A. In General. On receipt of a refusal under Regulation .06B of this chapter, the person in interest may submit to the custodian a concise statement of the reasons for:

(1) The requested correction; and

(2) The person's disagreement with the refusal to make the correction.

B. Form of Statement.

(1) The statement of disagreement may not exceed five pages.

(2) The pages may not exceed 81/2" × 11" each.

(3) Only one side of a page may be used for the statement.

Cross References

16.03.04.08

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.08 Information Provided Third Parties.

When the Department discloses to a third party information about which a statement of disagreement has been filed in compliance with Regulation .07 of this chapter, a copy of the statement shall also be provided to that third party.

Cross References

16.03.04.09A(3)

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

COMAR 16.03.04.09 Administrative Review.

A. Authorized. A person may seek administrative review of:

(1) A denial of the person's request under this chapter to correct a record;

(2) A denial of the person's right to submit a statement of disagreement; or

(3) A failure to provide a copy of a statement of disagreement to a third party, as required by Regulation .08 of this chapter.

B. Time for Requesting. A request for administrative review shall be filed within 30 days of the date the person first learns of the denial or failure in question.

C. Proceedings. The administrative review shall be conducted as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 16.02.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland

16.03.05 Information Technology

COMAR 16.03.05.01 In General.

The Department shall develop and maintain an information support system designed to serve the Department's data needs for administration, research, evaluation, and planning.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.05.02 Database Access.

A. In General. The Department shall require that each public-sector and private-sector program be capable of accessing the Department's information support system.

B. Security. Links among computer systems shall:

(1) Comply with all federal and State requirements; and

(2) Be designed to prevent unauthorized access to confidential records.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.05.03 IT Unit Functions.

A. State-Operated Programs. The Department's Information Technology Unit is responsible for the installation and maintenance of computer hardware and software for all State-operated facilities and other programs.

B. Private-Sector Providers.

(1) The Department's Information Technology Unit may:

(a) Assist private-sector providers in having their local area networks connected to the information support system; and

(b) Provide training for the entering of data into the system.

(2) Additional equipment costs, including personal computers that meet the Department's specifications, may be the responsibility of the provider.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.05.04 Program Staff Functions.

A. In General. All youth-related data, from time of admission to discharge, shall be entered into the information support system in a timely and accurate manner.

B. Data to be Entered. The data to be entered shall be as specified by the Department.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204, Annotated Code of Maryland

COMAR 16.03.06 [Vacant]

16.03.07 Open Meetings

COMAR 16.03.07.01 Definition.

A. In this chapter, the following term has the meaning indicated.

B. Term Defined. “Board” means:

(1) The State Advisory Board for Juvenile Services; and

(2) Any other board, commission, or entity of the Department that is a public body, as that term is defined in State Government Article, §10-502, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-507(b); Annotated Code of Maryland

COMAR 16.03.07.02 Public Attendance and Observance Allowed.

At any open session of a board, the general public is invited to attend and observe.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-507(b); Annotated Code of Maryland

COMAR 16.03.07.03 Public Participation Limited.

A member of the public attending an open session may not participate in the session except to the extent:

A. The Board expressly invites or allows public testimony, questions, comments, or other forms of public participation; or

B. A person is entitled by law to participate.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-507(b); Annotated Code of Maryland

COMAR 16.03.07.04 Disruptive Conduct Prohibited.

A. In General. A person attending an open session of a board may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that:

(1) Disrupts the session; or

(2) Interferes with the public's right to attend and observe the session.

B. Enforcement. If any person persists in conduct prohibited by §A of this regulation or violates any other regulation concerning the conduct of the open session, the presiding officer may:

(1) Order the person to be removed from the session;

(2) Request police assistance to restore order; and

(3) Recess the session until order is restored.

Cross References

16.03.07.05B(2)

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-507(b); Annotated Code of Maryland

COMAR 16.03.07.05 Recording, Photographing, or Broadcasting.

A. Authorized Generally. A member of the public, including a representative of the news media, may record, photograph, videotape, broadcast, or televise the proceedings of an open session by means of a tape recorder, camera, or other device or equipment, if the device or equipment:

(1) Is operated without excessively bright artificial light that disturbs board members or other individuals attending the session;

(2) Does not create an excessive noise that disturbs board members or other individuals attending the session; and

(3) Does not otherwise:

(a) Disrupt the session; or

(b) Interfere with the public's right to attend and observe the session.

B. Restricted Movement.

(1) If necessary to maintain the orderly conduct of the session, the presiding officer may restrict the movement of the person who is using a recording device, a camera, or broadcasting or televising equipment.

(2) If the person refuses to comply or otherwise persists in conduct prohibited by this regulation or any other regulation concerning the conduct of the open session, the presiding officer may take action as authorized in Regulation .04B of this chapter.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-507(b); Annotated Code of Maryland

COMAR 16.03.07.06 Recordings Not Part of Record.

Neither a recording of an open session made by a member of the public nor a transcript derived from this recording is considered a part of the record of any proceeding of the board.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Government Article, §10-507(b); Annotated Code of Maryland

16.04.01 Juvenile Facilities Capital Program

COMAR 16.04.01.01 Scope.

This chapter governs the administration of State grants to counties, municipal corporations, and for-profit and nonprofit organizations for the planning, design, construction, conversion, acquisition, renovation, and equipping of juvenile facilities under the Juvenile Services Facilities Capital Program.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Acquire” means to purchase or otherwise obtain ownership of all or part of a building or other property for use as a juvenile facility.

(2) “Act” or “Juvenile Services Facilities Capital Program” means Human Services Article, §9-401 et seq., Annotated Code of Maryland.

(3) “Construct” means to construct a new building or an addition to an existing building for use as a facility.

(4) “Convert” means to transform all or part of a building or other property for use as a facility.

(5) “Equip” means to acquire essential fixed or movable equipment and furnishings that have an expected useful life of at least 15 years.

(6) “Facility” has the meaning stated in Human Services Article, §9-401, Annotated Code of Maryland.

(7) “Renovate” means to restore, improve, or modernize all or part of an existing or proposed facility and bring it into compliance with federal, State, and local standards, codes, and requirements, so that it may retain or acquire a license to provide treatment or services or to increase the number of youths the facility serves.

(8) “State grant” means a grant provided under the Act.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.03 Eligibility to Apply.

A. Who. To be eligible for a State grant, the applicant shall be:

(1) A county;

(2) A municipal corporation;

(3) A for-profit organization; or

(4) A nonprofit organization.

B. For What. An application may be filed for any one or more of the following facility-related projects, including their planning and design:

(1) Construction;

(2) Conversion;

(3) Acquisition;

(4) Renovation; and

(5) Equipping.

C. Accessibility to Mobility Impaired Persons. To be eligible for a State grant under the Act, the applicant shall certify that the facility will be accessible to mobility impaired persons in accordance with all applicable federal and State laws and regulations.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.04 Application.

A. In General. An application for a State grant shall be filed with the Secretary in the form the Secretary prescribes.

B. Compliance with Other Requirements. The applicant shall also comply with all requirements of:

(1) The Act;

(2) COMAR 14.24.04; and

(3) All other applicable State and federal regulations.

C. Submission to Board of Public Works. If the Secretary approves an application, the Secretary shall submit the application to the Board of Public Works, together with a written report of:

(1) The Secretary's approval for State funds;

(2) If the project also involves federal funds, the necessary approvals for those funds; and

(3) The State Clearinghouse's review and recommendations under COMAR 14.24.04.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.05 Priority of Awards.

The priority of applicants to be awarded State grants shall be established in accordance with the comprehensive plan adopted by the Secretary under Human Services Article, §9-204, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.06 Site Acquisition and Renovation.

A. Site Acquisition Only. If an applicant proposes to acquire a land site on which to construct a facility, the cost of the land is not eligible for State participation.

B. Site with Improvements—State Funds Only.

(1) Subject to §B(2) of this regulation, if an applicant proposes to acquire a site with existing improvements and will not be using any federal funds for site acquisition or renovation, total project costs, including costs applicable to the acquisition of the site and existing improvements, are eligible for State participation.

(2) At least two State-approved appraisers shall determine the value of the site and existing improvements, and State participation shall be limited to the lesser of:

(a) The average of the approved appraisals; or

(b) The actual acquisition cost.

C. Site with Improvements—State and Federal Funds. If an applicant proposes to acquire a site with existing improvements and will be using both State and federal funds for site acquisition and renovation, at least two State-approved appraisers shall determine the portion of the total cost that is applicable to the land site alone. That portion shall be excluded from State participation.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.07 Completion of Work.

A. In General. Except as otherwise provided in this regulation, the recipient of a State grant shall complete all of the work for which the grant was authorized:

(1) In the manner approved by the Secretary; and

(2) Within 2 years after receiving the State grant for that work.

B. Extensions or Changes.

(1) If the grant recipient is unable to complete the work in the manner or within the time required, it shall promptly notify the Secretary.

(2) For good cause shown, the Secretary may grant a request for a change in the manner of or time for completing the work.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.08 Insurance Requirements.

Any fire or extended coverage insurance payments for damages or losses shall be applied first to the State's interest in the project.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

COMAR 16.04.01.09 Annual Financial Statement.

A. Statement Required. For each of the next 30 years after the receipt of a State grant under the Act, the facility for which the grant was made shall submit an annual certified financial statement to the Department.

B. Contents. The statement shall include, for the year covered:

(1) All personnel employed and all related salaries, remunerations, retainers, and other expenses;

(2) All other persons rendering services to the facility under contract or otherwise and all related payments, fees, retainers, and other expenses;

(3) All other expenses of the facility;

(4) A schedule of rates and fees charged for services provided by the facility and all income derived from those rates and fees;

(5) All grants, gifts, or endowments received;

(6) A statement of the days of service rendered to clients;

(7) A certified profit and loss statement and balance sheet; and

(8) Any other supplemental information that the Secretary requires.

C. Verification. The facility shall make its records available to representatives of the Department and its designated agents, such as the Department of Budget and Management or the Office of Legislative Audits, for verification of its annual statements.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland

16.04.02 Audits of Contracts and Grants

COMAR 16.04.02.01 Scope.

A. In General. This chapter applies to audits required or authorized under State Finance and Procurement Article, §7-404, Annotated Code of Maryland, for private-care contracts, including grants, made by the Department of Juvenile Services.

B. Additional Examinations. In addition to conducting audits under this chapter, the Secretary may also provide for periodic examinations of the accounts and records of all contractors, including grantees, receiving funds from the Department.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.02 Periodic Audits Required.

The Secretary shall provide for periodic audits of the accounts and records of all contractors providing care for juveniles.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.03 Purpose and Scope of Audit.

A. In General. The audit shall determine whether funds were spent in accordance with the contract.

B. Expenditures and Revenues. The auditor shall review expenditures and revenues to determine if they are consistent with the approved budget and supported by documentation, in accordance with the contract and generally accepted accounting principles.

C. Amounts Due. The audit shall establish amounts due to or from the State by comparing budgeted, reported, and audited expenditures to revenues.

D. Basis of Final Settlement. The audit findings shall be the basis for making a final settlement of the contract.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.04 By Whom Conducted.

A. In General. Except as provided in §B of this regulation, the Department's Audit Division shall conduct the audits required by this chapter.

B. Local Governments.

(1) Subject to §B(2) of this regulation, the Audit Division need not conduct an audit of contracts with local governments for which audits are conducted in accordance with the federal Single Audit Act, 31 U.S.C. §7501 et seq.

(2) If audits conducted under the Single Audit Act do not satisfy the requirements of the Department, the Audit Division shall conduct such further auditing as it considers necessary under the circumstances.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.05 How and When Conducted.

A. How. The audits shall be conducted in accordance with:

(1) The terms of the contract; and

(2) Allowable cost guidelines of the Department.

B. When. The audits shall be performed at the intervals and in the manner approved and determined by the Secretary.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.06 Audit of Subcontractor, Subgrantee.

A. Authority to Audit. The Audit Division may audit a subcontractor, including a subgrantee, when it is in the interest of the State to do so.

B. Notice to Primary Contractor. If the Department elects to audit a subcontractor, the Department shall inform the primary contractor, in writing, that the primary contractor need not audit that subcontractor as otherwise required by Regulation .10C of this chapter.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.07 Draft Audit Report.

A. Issuance. The Audit Division shall conduct an exit conference and issue a draft audit report after the exit conference.

B. Additional Information. The draft report shall reflect any additional information that:

(1) The contractor provides at the exit conference or, in accordance with §C of this regulation, after the exit conference; and

(2) The Audit Division considers relevant.

C. Postconference Information.

(1) After the exit conference, the contractor may submit additional information for consideration in the draft report only if the contractor notifies the Audit Division, at or before the exit conference, of its intent to submit this information.

(2) The additional information shall be submitted by a date mutually agreeable to the Audit Division and the contractor, but not later than 90 days after the exit conference.

D. Report Final Unless Reconsideration Requested. The draft report becomes final and the amounts found to be payable to or from the State become payable unless the contractor requests reconsideration in accordance with Regulation .08 of this chapter.

Cross References

16.04.02.09B(2)

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.08 Request for Reconsideration.

A. When Authorized. The contractor may request a reconsideration of the draft audit report at any time within 30 days of the mailing of the draft report.

B. How Made. The request for reconsideration shall:

(1) Be in writing; and

(2) Specify:

(a) The amount at issue; and

(b) The reasons the contractor believes the draft report should not become final.

Cross References

16.04.02.07D

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.09 Reconsideration by Audit Committee.

A. In General.

(1) If a contractor files a timely request under this regulation, the request shall be considered by an audit committee.

(2) The audit committee shall consist of:

(a) The Chief of the Audit Division or the Chief's designee;

(b) The Deputy Secretary for Administration or the Deputy's designee;

(d) One or more of the other assistant secretaries or their designees.

B. Modification by Committee. The Audit Review Committee may:

(1) Modify the draft report as it considers appropriate; and

(2) Reissue the report in accordance with Regulation .07 of this chapter.

C. Notice of Final Report.

(1) If, after reviewing the contractor's original or any subsequent request for reconsideration, the Audit Review Committee finds no basis for considering further appeals, the Committee shall mail a notice of its findings to the contractor.

(2) The notice shall inform the contractor that:

(a) Unless appealed within 30 days of the notice's mailing, the audit is final; and

(b) The contractor may appeal the Committee's decision to the Secretary or to the procurement officer in accordance with the Administrative Procedure Act or the State Procurement Law, as applicable.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

COMAR 16.04.02.10 Responsibilities of Contractor.

A. Disclosure of Records. Each contractor shall provide the Audit Division, during the contractor's regular business hours, full disclosure of all accounting, financial, and other records, as requested from time to time by the Audit Division.

B. Retention of Records. Each contractor shall retain all accounts and records relating to the contract for a period of 5 years following the close of each fiscal year.

C. Audit of Subcontractors. Each contractor is responsible for auditing its subcontractors in accordance with this chapter.

D. Receipts and Expenditures. Each contractor shall maintain detailed accounting records that include all receipts and expenditures of contract funds.

E. Revenues.

(1) All revenues received in connection with the contract shall be credited to the contract program and applied to the gross allowable expenditures of the program.

(2) These revenues include:

(a) All proceeds from the provision of services, including fee collections and third-party payments;

(b) All proceeds from the sale of goods, including all goods obtained or manufactured with labor and materials paid for with contract funds; and

(3) This section does not apply to:

(a) Undesignated contributions to the contractor; or

(b) Contributions designated to a specific purpose not contemplated in the contract.

Cross References

16.04.02.06B

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-204; State Finance and Procurement Article, §7-404; Annotated Code of Maryland

16.05.01 General

COMAR 16.05.01.01 Program Manager.

A. Required. Each facility and other program shall have:

(1) A program manager; and

(2) A duty officer, designated by the program manager to act in the program manager's absence.

B. Accountability.

(1) The program manager is accountable to the Secretary for all aspects of the program's management.

(2) For a facility or other program operated by a private-sector provider, the nature and scope of this accountability shall be specified in the contract between the Department and the provider.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, 9-234, and 9-237, Annotated Code of Maryland

COMAR 16.05.01.02 Program Description.

A. General.

(1) Each facility and other program shall develop and maintain a written document that describes the program.

(2) The document shall include an organizational chart that groups similar functions, services, and activities into administrative subunits.

B. Annual Review. The document shall be reviewed annually and updated as needed.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, 9-234, and 9-237, Annotated Code of Maryland

COMAR 16.05.01.03 Staffing Plan.

A. In General. Each facility and other program shall maintain a staffing plan that, in accordance with Departmental requirements, provides a safe, humane, and caring environment.

B. Annual Review. The staffing plan shall be reviewed annually and updated as needed.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, 9-234, and 9-237, Annotated Code of Maryland

COMAR 16.05.01.04 Program Manual.

A. Required. Each facility and other program shall develop and maintain a manual of standard operating procedures.

B. Contents. The manual shall include a current copy of:

(1) The regulations contained in this Title 16; and

(2) All additional rules, codes of conduct, standards, policies, and procedures adopted by or for the program, consistent with law and these regulations, for its operations and maintenance.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, 9-234, and 9-237, Annotated Code of Maryland

COMAR 16.05.01.05 Fiscal Management.

A. Manager's Responsibilities. A program manager shall:

(1) Recommend the program's operating budget in accordance with State and Departmental policies and practices;

(2) Assure that the program's expenditures are within its approved budget; and

(3) Prepare budget expenditure management reports, as required by the Secretary.

B. Fiscal Record Keeping. All fiscal records shall be kept in accordance with State and Departmental policy.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, 9-234, and 9-237, Annotated Code of Maryland

16.05.02 Personnel Qualifications and Recruitment

COMAR 16.05.02.01 Direct-Care Staff and Specialists.

A. Definitions.

(1) In this regulation, the following terms have the meaning indicated.

(2) Specialist.

(a) “Specialist” means an employee assigned to a program to provide services of the sort that require specialized or advanced training in a specific field of study.

(b) “Specialist” includes:

(i) An addictions counselor;

(ii) A case manager;

(iii) A dentist;

(iv) A dietitian;

(v) A nurse;

(vi) A physician;

(vii) A psychiatrist;

(viii) A psychologist;

(ix) A recreation supervisor;

(x) A social worker; and

(xi) A teacher.

B. Qualifications. All direct-care staff and all specialists shall:

(1) Demonstrate the potential for working with youth in program settings, as reflected by academic qualifications, personal experience, or a combination of both; and

(2) Meet the minimum qualifications, as applicable, set by:

(a) The Department of Budget and Management;

(b) The Maryland Correctional Training Commission; and

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

COMAR 16.05.02.02 Short-Term Contracts.

The Department shall minimize the use of short-term employment contracts and shall encourage its private-sector providers to do likewise.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

16.05.03 Training and Staff Development

COMAR 16.05.03.01 In General.

All program staff shall be trained according to the standards set for the applicable position by the Maryland Correctional Training Commission under Correctional Services Article, §8-208, Annotated Code of Maryland.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

COMAR 16.05.03.02 Continuing Education.

In addition to complying with the training standards set by the Maryland Correctional Training Commission:

A. Program staff may participate in courses of study approved by the Department's Office of Professional Development; and

B. The Department shall encourage private-sector providers to offer continuing educational opportunities for their employees to enhance their professional development.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

COMAR 16.05.03.03 Program Manual.

A. Employee Access. Each program shall make its manual of standard operating procedures accessible to all employees.

B. Training. All employees shall be trained in and be familiar with all of the manual's requirements, protocols, and procedures that affect their work.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

COMAR 16.05.03.04 Monitoring.

A. Program to Designate Monitor. Each facility and other program shall designate an employee to monitor and keep records on staff compliance with training and education requirements.

B. Monitor's Duties. This employee shall notify the Program Manager of any employee whose training or continuing education is not up-to-date or whose credentials have expired.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

16.05.04 Code of Conduct

COMAR 16.05.04.01 Departmental Code.

The Secretary shall adopt and enforce a code of conduct for personnel of the Department.

Cross References

16.05.04.02A

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-207, Annotated Code of Maryland

COMAR 16.05.04.02 Vendor Codes.

A. In General. Every private vendor or other person providing services to the Department shall adopt and enforce, as a condition of its contract, grant, or other arrangement with the Department, a code of conduct that is substantially similar to the one adopted by the Secretary under Regulation .01 of this chapter.

B. Approval by Secretary. The code of conduct shall be submitted to and approved by the Secretary before the contract, grant, or other arrangement with the Department becomes effective.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-207, Annotated Code of Maryland

COMAR 16.05.04.03 Employee Compliance.

Each employee of the Department and of any public or private program shall:

A. Comply with the code of conduct applicable to the employee; and

B. As a condition of initial employment, acknowledge in writing that the employee has read and understands the code of conduct.

History

Administrative History: Effective date: June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §9-207, Annotated Code of Maryland

16.16.01 Probation and Aftercare Services and Procedures

COMAR 16.16.01.01 Purpose.

The purpose of these regulations is to establish, define, and control the standard of services and activities to be used in the administration of probation and aftercare procedures available throughout the Department of Juvenile Services.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Adjudicatory hearing” means a hearing to determine whether the allegations in the petition, other than allegations that the child requires the court's assistance, treatment, guidance or rehabilitation, are true.

(2) “Aftercare” means that service which is begun by a Department of Juvenile Services counselor at the time a child is committed to a Department of Juvenile Services institution. The commitment is court ordered and shall be terminated by the court. Institutional home visits are made by an aftercare counselor during the period of commitment and supervision following release until the case is terminated.

(3) “Arraignment hearing” means a court hearing at which charges are read and explained to the child and the child is advised of the child's right to legal representation.

(4) “Child” means a person under 18 years old.

(5) “Commit” means to transfer legal custody.

(6) “Court” means the circuit court of a county or Baltimore City sitting as the juvenile court. In Montgomery County, it means the District Court sitting as the juvenile court.

(7) “Courtesy supervision” means case supervision accepted as a result of intrastate or interstate transfer of supervision.

(8) “Custodian” means a person or agency, other than the child's parents or legal guardian, to whom legal custody has been awarded by court order.

(9) “Delinquent act” means an act which would be a crime if committed by an adult.

(10) “Detention” means the temporary care of children placed in physically restricting facilities, for the protection of themselves or the community, while the court determines individual disposition.

(11) “Disposition hearing” means a court hearing to determine the:

(a) Child's need for assistance, guidance, treatment, or rehabilitation; and

(b) Nature and extent to which this assistance, guidance, treatment, or rehabilitation is offered.

(12) “Foster care” means the court-ordered placement of children in approved foster care homes with appropriate supportive services provided as required.

(13) “Individualized service plan” means the written plan which identifies the needs of the child under supervision and establishes objectives for meeting those needs.

(14) “Institution” means those Department of Juvenile Services facilities where children are held for the purposes of secure detention or commitment.

(15) “Interstate Compact on Juveniles” means that multistate agreement provided for in Human Services Article, §9-301 et sec., Annotated Code of Maryland.

(16) “Juvenile counselor” means the person assigned to the court by the Department of Juvenile Services to provide probation and aftercare services.

(17) “Juvenile counselor supervisor” means those Department of Juvenile Services persons exercising line supervision over juvenile counselors. For the purpose of this document, whenever juvenile counselor supervisor is used it also means that person's designee who may exercise supervision in the supervisor's absence.

(18) “Maryland Automated Statewide Support and Information System Tools (ASSIST)” is a tracking data base used for all children referred to the Department of Juvenile Services.

(19) “Orientation process” means those introductory instructions to children who have been placed under supervision by the court and placed in someone's care and custody, or both.

(20) “Petition” is a formal application for a hearing before the juvenile court, filed pursuant to the Courts and Judicial Proceedings Article, §3-8A-13, Annotated Code of Maryland.

(21) “Placement” means any living arrangement for a child away from the custody of the child's parents or legal guardian.

(22) “Placement review team” means those persons designated by the regional administrator to review and approve decisions, or both, on the use of funds for purchase of care or services.

(23) “Probation” means the legal status created by a court order under which an adjudicated delinquent is subject to specified conditions of the court or Department of Juvenile Services.

(24) “Purchase of Care” means that program of the Department of Juvenile Services when the children are placed in approved foster care or licensed residential child care facilities and funds are provided by the Department, parents, or public or private resources.

(25) “Purchase of Service” means that program of the Department of Juvenile Services when nonresidential services are provided to adjudicated delinquent children.

(26) “Regional administrator” means those Department of Juvenile Services personnel responsible for directing and administering all or some phases of court, community, and institutional services including probation and aftercare, in their assigned areas of the State. For the purposes of this chapter, whenever the term regional administrator is used it also means that person's designee who may exercise like responsibilities in the administrator's absence.

(27) “Resource consultant” means that Department of Juvenile Services employee who is responsible for managing the Purchase of Care and Purchase of Services Programs in certain geographical areas of the State. Resource consultants are assigned by the regional administrator.

(28) “Revocation” means that procedure related to violations of probation or aftercare when a modification of a court order is requested as provided for in the Maryland Rules of Procedure, Juvenile Causes, Rule 11-116, Annotated Code of Maryland.

(29) “Shelter care” means the temporary care of children in physically unrestricting facilities.

(30) “Social history investigation” means the court-ordered study of the child, the family, the environment, and other matters relevant to the disposition of the case as provided for in the Courts and Judicial Proceedings Article, §3-8A-17, Annotated Code of Maryland.

(31) “Termination” means those court proceedings, initiated to complete supervision over a child as found in the Maryland Rules of Procedure, Juvenile Causes, Rule 11-120, Annotated Code of Maryland.

(32) “Transfer of jurisdiction (proceedings)” means those proceedings and case records accompanying the transfer to the child's county of residence as provided for in Courts and Judicial Proceedings Article, §3-8A-06, Annotated Code of Maryland.

(33) “Waiver investigation” means that investigation initiated by a petition in which the court may order the Department of Juvenile Services to furnish a report at the waiver hearing as provided for in the Maryland Rules of Procedure, Juvenile Causes, Rule 913(b), Annotated Code of Maryland.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.03 Court Services Provided by the Department of Juvenile Services.

A. Social History Investigation.

(1) A social history investigation ordered by the court consists of a complete documentation concerning the child, the child's family, the child's environment, and other matters relevant to the disposition of the case.

(2) The case manager shall:

(a) Interview the child/family to gather information, including a check of the child’s record in the appropriate Departmental database, and if information from other sources is required, obtain signed consent forms;

(b) Explain the following to the child and those family members participating:

(i) Purpose of investigation;

(ii) Legal basis for gathering information;

(iii) Confidentiality of the report;

(iv) Scope of information to be gathered;

(v) Who will receive and have access to the report;

(vi) Role of other staff who may be involved in completion of the report;

(vii) Interventions and treatment options available to the court;

(d) Secure approval signature for the social history investigation from the case manager supervisor;

(e) Submit social history investigation to the court at least 2 working days before disposition; and

(f) Complete the investigation section on the appropriate Departmental database.

B. Arraignment Hearing. An arraignment hearing is the court hearing at which the charges are read and explained to the child. At this time the child is also advised of the child's right to legal representation.

C. Waiver and Transfer Investigation Hearings and Reports.

(1) The purpose of waiver and transfer hearings is to determine whether the juvenile or criminal court will have jurisdiction in a given case.

(2) The reports are factual in nature and do not call for conclusions from the case manager.

(3) The case manager shall:

(a) Gather information, including a check of appropriate Departmental databases, to address the waiver and transfer criteria as provided for in Courts and Judicial Proceedings Article, §3-8A-06, Annotated Code of Maryland, and Criminal Procedure Article, §4-202, Annotated Code of Maryland, respectively, and consistent with the requirements of Courts and Judicial Proceedings, §3-8A-17, Annotated Code of Maryland, in waiver cases, and Criminal Procedure Article, §4-202(e), Annotated Code of Maryland, in transfer cases;

(b) Proceed as specified in §A(2)(d) and (f) of this regulation;

(c) If the case is sent to the criminal system, terminate the case, or continue supervision in accordance with court requirements; and

(d) If the case is transferred to or remains in the juvenile system, deliver the case for assignment.

D. Disposition Hearing.

(1) A disposition hearing determines whether the child requires the court's assistance, guidance, treatment, or rehabilitation, and, if so, the nature of the assistance, guidance, treatment, or rehabilitation.

(2) If the child is to be supervised by the Department of Juvenile Services, personnel of that administration shall ensure that appropriate information is communicated for assignment purposes and, if possible, that the family is advised as to the next contact.

(3) The case manager shall complete the disposition section on the appropriate Departmental database.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.04 Orientation Process.

Department of Juvenile Services employees shall receive, review, and assign cases to the juvenile counselor, who shall:

A. Open the case and complete the orientation process within 2 weeks of the date of disposition or within 2 weeks of the receipt of the court order.

B. Meet with the child and family (parent), guardian, or custodian as part of the orientation.

C. Schedule a second appointment if the child and family fail to appear for the first scheduled appointment.

D. Consult with the juvenile counselor supervisor, if the child and family fail to appear again, to plan the next steps, such as:

(1) Sending a registered letter;

(2) Scheduling a home visit; and

(3) Advising the court.

E. Provide verbal and written instructions to child and family, which include:

(1) The juvenile counselor's name and office phone number;

(2) Explanation of probation, supervision, and placement;

(3) Review of court-ordered conditions, including restitution;

(4) Discussion of any other conditions;

(5) Projection of anticipated length of supervision;

(6) Clarification of the status necessary for termination of supervision;

(7) Information regarding the location, time, and frequency of appointments;

(8) Information concerning the potential consequences of failure to comply with conditions of supervision; and

(9) Name and office number of the juvenile counselor's immediate supervisor.

F. Answer any questions the child/family may have about supervision.

G. Complete, sign, and date the orientation form.

H. Obtain the child's/family's signatures on the orientation form. If the child or family refuse to sign, document on the form the refusal and reasons, if known.

I. Distribute copies of the form to the child/family and the case file and transfer the case if it is to go to another juvenile counselor.

J. Complete the supervision section on the appropriate MAJIS form.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.05 Individualized Service Plan—Probation.

A. Individualized Service Plan.

(1) This is a written plan which identifies the needs of the child under supervision and establishes objectives for meeting those needs.

(2) In order to accomplish the goals of the plan in §A(1) of this regulation, the juvenile counselor shall:

(a) Develop a written individualized service plan for each child on active supervision within 30 days upon the receipt of the court order.

(b) Assess and review total case information, such as court ordered conditions and the findings and recommendations of social, educational, and evaluative material, if applicable.

(c) Gather the necessary background information to develop the individualized service plan if a social history has not been completed.

(d) Obtain a signed release from the child/family to procure any additional information.

(e) Meet with the child/family to identify needs including:

(i) The child's/family's intrapersonal development, especially as this pertains to their ability to assess their situation, engage in a process of problem solving, and plan for the future;

(ii) The child's/family's interpersonal development, especially as this pertains to their ability to function adequately within socially prescribed roles, to relate to others in an acceptable manner, and to communicate effectively with others;

(iii) The child's educational/vocational development, particularly as this pertains to the child's ability to function within age-appropriate school/work environments and to work towards meeting future educational/vocational goals; and

(iv) Any other needs including emotional, intellectual, social, medical, financial, etc., particularly as these pertain to the child's/family's ability to function adequately in their community.

(f) Evaluate the child's/family's serviceable unmet needs which can be addressed with resources available.

(g) With the child/family, establish service goals along with the time frames and the responsibilities of each party. These goals shall be:

(i) Specific and attainable;

(ii) Include both short-term and long-term objectives.

(h) List on the individualized service plan the service goals, steps, time frames, and responsibilities as well as court-ordered or other special conditions.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.06 Levels of Supervision.

A. Level Determinations. The juvenile counselor and supervisor shall assess the individualized service plan. The assessment shall determine which level of supervision is to be provided in the case.

B. Levels of Supervision.

(1) Intensive Supervision. Intensive supervision consists of at least two planned monthly face-to-face contacts with the child, designed primarily to intensively supervise/monitor the child's/family's status regarding conditions and progress towards service goals. In considering whether a child shall receive intensive supervision the juvenile counselor and juvenile counselor supervisor shall consider the:

(a) Seriousness of the offense;

(b) Severity and chronicity of the problem behavior and its underlying causes, as determined by relevant data;

(d) Nature of other services being provided to the child.

(2) Supervision. Supervision consists of at least one planned monthly face-to-face contact with the child, designed primarily to monitor/supervise the child's/family's status regarding conditions and progress towards service goals. In considering whether a child shall receive supervision the juvenile counselor and juvenile counselor supervisor shall proceed as specified in §B(1)(a)—(d) of this regulation.

(3) Honor supervision consists of at least one planned monthly contact, not necessarily face-to-face. This level of supervision may be appropriate for children previously receiving more intensive service or supervision, and who are now nearing termination. Some children may need this type of supervision when placed on probation resulting from an isolated incident.

(4) Error activated supervision (E.A.S.) requires no active supervision by the juvenile counselor. In each case selected for E.A.S. the child, the child's custodians, and any relevant service provider shall be made fully aware of their responsibility to alert the juvenile counselor of the need to activate supervision if the child needs assistance. The following apply:

(a) E.A.S. may be appropriate if primary services are provided regularly and intensively by other resources, such as out-of-State placements;

(b) In cases when all goals have been met except for final payment of restitution, courtesy supervision, or interstate compact cases, E.A.S. shall be used.

(5) Placement/Institutional Supervision.

(a) Placement/institutional supervision consists of two possible supervision arrangements when the child is:

(i) Placed in a licensed or approved community-based residential placement; or

(ii) Committed by the juvenile court to a Department of Juvenile Services institution.

(b) Placement supervision by the juvenile counselor consists of regular and timely, but at least quarterly, contact as agreed upon by the juvenile counselor and the placement. It is designed to:

(i) Monitor/supervise the child's progress and care;

(ii) Evaluate the status of the child regarding conditions and progress toward service goals;

(iii) Coordinate the services delivered to the child and family; and

(iv) Work towards the eventual return of the child to the child's family or community.

(c) Institutional supervision by the aftercare counselor of the Department of Juvenile Services consists of at least monthly face-to-face contact with each child, monthly contact with parents/family and attendance at the child's periodic case reviews. It is designed to:

(i) Build a relationship with the child and family;

(ii) Evaluate status of the parents' ability to reintegrate the child into the family when released and provide services aimed at achieving reintegration;

(iii) Develop an alternative living situation if the child is not able to return home either temporarily or permanently; and

(iv) Provide information to the institutional juvenile counselor relative to the child's family and community.

(6) Detention Reassessment. If, during the period a child is on probation or aftercare, the child is placed in detention for a subsequent offense or violation, and if the detention is more than 5 days, the juvenile counselor shall reassess the child's level of supervision. This may require a face-to-face contact with the child, or contact with the child's family, or both.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.07 Implementation of the Individualized Service Plan.

A. To implement the individualized service plan the juvenile counselor shall:

(1) Notify the child/family of the anticipated frequency of planned contact, verbally and in writing on the individualized service plan.

(2) Sign the individualized service plan and secure the child's/family's signature. If the child or family refuse to sign, document on the form the refusal and reasons, if known.

(3) Distribute the individualized service plan to the child, family, and the case file.

(4) Set time frames for planned reassessment of the individualized service plan.

B. The juvenile counselor supervisor shall:

(1) Review the case folders for children supervised by juvenile counselors on at least a quarterly basis;

(2) Determine that completed and signed individualized service plans (including relevant ASSIST forms) are in the folders of each child on active supervision;

(3) Insure the completion of initial individualized service plans within 30 days of disposition or within 30 days upon the receipt of the court order.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.08 Reassessment of the Individualized Service Plan.

A. Planned Reassessment.

(1) The juvenile counselor shall reassess the individualized service plan of each child on active supervision at intervals of not longer than 90 days. The planned reassessment process shall evaluate the:

(a) Effectiveness of service delivery;

(b) Appropriateness of the service goals;

(d) Child's progress towards service goals.

(2) Those present at the reassessment should include:

(a) The probation/aftercare counselor;

(b) The child;

(d) Representatives of a placement facility for children in private placement, if applicable; and

(e) Any other relevant service providers, if applicable.

(3) The juvenile counselor shall:

(a) Review with those present the child's situation at the time of the development of the initial individualized service plan;

(b) Elicit and record information about the child's current status regarding each condition/goal of the individualized service plan;

(d) Identify changes in the child's/family's needs;

(e) Identify services/resources available to meet serviceable unmet needs;

(f) Rate and record the child's overall adjustment and progress as:

(i) Unsatisfactory,

(ii) Poor,

(iii) Fair,

(iv) Good, or

(v) Superior;

(g) Consider and modify the individualized service plan as appropriate to the child's current status;

(h) Notify the child/family verbally and in writing of any changes in the individualized service plan;

(i) With the juvenile counselor supervisor, reconsider the category of direct services to be provided to the child;

(j) Notify the child/family, verbally and in writing, of the next frequency of planned contact and the time frame for the next planned reassessment; and

(k) Secure the child's/family's signature on and distribute and file the completed reassessment document. If the child/family refuse to sign, document the refusal and reasons, if known, on the form.

B. Court Hearing to Provide Additional Resources.

(1) A court hearing becomes necessary when unmet needs of the child/family cannot be provided with available resources or by modification of the individualized service plan.

(2) The juvenile counselor shall:

(a) Secure the approval of the juvenile counselor supervisor;

(b) Proceed with a request for further hearing;

(d) Prepare and submit a memorandum to the court authority, including:

(i) Facts of the original order,

(ii) Changes in the child's status or problem areas necessitating court review,

(iii) A description of the child's and family's view of the current situation,

(iv) The juvenile counselor's recommendations;

(e) Notify the child/family of a request for a further hearing;

(f) Appear in court with child and family;

(g) Present to the court recommendations including:

(i) The current status of the case,

(ii) Problems or changes in service needs which necessitated the court review, and

(iii) A plan for placement if this is recommended;

(h) Record findings of the court in the child's file, placing a copy of the court order in the file upon receipt; and

(i) Meet with the child/family immediately following the hearing to review the results, and proceed to modify the individualized service plan as indicated.

C. Unplanned Reassessment.

(1) When there are emergencies in the situation of the child/family which necessitate immediate changes in the individualized service plan, the juvenile counselor shall conduct an unplanned reassessment of the individualized service plan.

(2) Whenever possible, those present shall include the child, the child's parent or parents and any other relevant service provider. If these people are not available efforts shall be made to consult them.

(3) After consultation with the juvenile counselor supervisor, the juvenile counselor shall develop an implementation schedule for the unplanned reassessment or for revocation.

D. Revocation of Probation/Aftercare.

(1) Review.

(a) The juvenile counselor shall review with the juvenile counselor supervisor the status of the child's case regarding the conditions of probation/aftercare and the possible need for revocation.

(b) This review shall include a discussion of what alternatives the juvenile counselor has attempted with the child to resolve the problem, short of revocation, and the outcome of those attempts, as well as any untried alternatives which may yet be implemented.

(2) The juvenile counselor and juvenile counselor supervisor shall also assess the degree of threat to the public safety to determine if detention or shelter care should be used.

(3) If the juvenile counselor and the juvenile counselor supervisor determine that the child needs to be detained, the juvenile counselor shall advise the court and file the necessary documents to initiate detention according to court requirements.

(4) When approval of the juvenile counselor supervisor is received the juvenile counselor shall:

(a) Prepare necessary documents to initiate the revocation hearing;

(b) Secure the juvenile counselor supervisor's initials on the revocation petition;

(d) Present testimony during the hearing to substantiate the allegations of violations of probation and the recommendations for further action;

(e) Record findings of the court in the child's file, placing a copy of court findings and orders, or both, in the file upon receipt;

(f) Meet with the child/family as soon as possible after the hearing but at least within 2 weeks to review results;

(g) Update the individualized service plan according to the reassessment, if the court has modified the court order placement;

(h) Proceed with placement procedures, if the court has ordered a commitment for placement;

(i) Proceed with institutionalization procedures if the court has committed the child to an institution; and

(j) Complete the appropriate ASSIST form based on final reassessment determination.

(5) If there are unavoidable emergencies, the juvenile counselor supervisor shall appear on the juvenile counselor's behalf.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.09 Purchase of Services.

A. The placement review team shall assess the need for specialized services through the use of the individualized service plan.

B. If the placement review team decides to use Purchase of Service Funds, the juvenile counselor shall:

(1) Review the following data, which include:

(a) The family's financial resources,

(b) Insurance benefits to which the child might be entitled,

(2) Determine an appropriate professional currently under contract to Juvenile Services to provide the service with the resource consultant;

(3) Make the referral by sending the required materials to the vendor;

(4) Give a copy of the court order to the resource consultant; and

(5) Supply adjunct case services and supervision as required, in conjunction with the service being directly provided by the vendor.

C. Termination of Service.

(1) When service is terminated, the juvenile counselor shall advise the resource consultant of the termination date.

(2) The juvenile counselor shall be responsible for completing the treatment program/services section on the appropriate ASSIST form.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.10 Purchase of Care.

A. Decisions to use these funds are to be made by the placement review team. When Purchase of Care is approved the team shall assess the need for placement through the use of the individualized service plan by:

(1) Reviewing and considering possible vendors;

(2) Determining the appropriate use of funds.

B. When Purchase of Care is approved by the team, the juvenile counsel shall:

(1) Review financial resources of the family;

(2) Review insurance benefits to which the child might be entitled;

(3) Review any public or private resources which might be available to help provide the service;

(4) Complete the appropriate residential care application/referral and make copies of the social and evaluation material;

(5) Make placement referrals to those facilities which have been recommended by the placement review team by sending the residential care application/referral, along with any accompanying material which might be required, directly to the residential facility;

(6) Cooperate with any preplacement process which might be required by the interested facility;

(7) Provide supportive help to the child and family during the application process;

(8) Notify the resource consultant of the facility in which placement is to be made and the projected date the placement is to be effected;

(9) Arrange for any court action, hearings, or orders which might be required in connection with the proposed placement;

(10) Prepare child and family for the placement experience;

(11) Effect placement on the determined date;

(12) Forward copy of the court order for care and custody to the resource consultant;

(13) Be responsible for completion of the treatment program/services section on the appropriate ASSIST form; and

(14) Provide adjunct case services and supportive services during the course of placement.

C. Termination of Care. The juvenile counselor shall:

(1) Notify the resource consultant of the termination date and arrange for any necessary change in a court order; and

(2) Provide appropriate follow-up services to the child and the family according to the individualized service plan reassessment completed as a result of the child's return home.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.11 Recommending Institutionalization.

A. The criteria to be used by the juvenile counselor and the juvenile counselor supervisor in recommending institutionalization for a particular child are the:

(1) Nature of the child's act or violation;

(2) Severity of the offense;

(3) Chronicity of the behavior;

(4) Impact of the act on the victim/community; and

(5) Child's amenability to treatment.

B. Also to be considered in the final determination are the:

(1) Availability and appropriateness of other resources;

(2) Previous treatment attempted and the final results of this treatment; and

(3) Availability of less restrictive forms of intervention which would be consistent with the public safety.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.12 Individualized Service Plan—Institution.

A. Time Frame. The individualized service plan shall be:

(1) Developed by the institutional juvenile counselor; and

(2) Done in conjunction with the aftercare counselor within 30 days of the child's commitment.

B. The aftercare counselor's immediate responsibility is to assist in the development of the individualized service plan. The aftercare counselor shall:

(1) Immediately alert the institution by telephoning the Social Services/Tour office to advise them of a child's special medical needs, for example diabetes, seizures, suicidal risk, bed-wetting, etc.;

(2) Within 2 working days of commitment, forward all pertinent social and evaluative material including the:

(a) Relevant ASSIST forms,

(b) Most recent individualized service plan,

(d) Face sheet;

(3) Forward the material listed in §B(2) of this regulation if it did not accompany the child to the institution.

C. Institutional Juvenile Counselor's Responsibility. The juvenile counselor shall:

(1) Make a prompt assessment and total review of case information including:

(a) Prior court-ordered dispositions, if any, and the findings and recommendations of social, educational, and evaluative material, if applicable; and

(b) Contacting the aftercare counselor for clarification or additional information as needed.

(2) Meet with the child or family, or both, to identify needs including the child's:

(a) Family intrapersonal development, especially pertaining to their ability to:

(i) Assess their situation;

(ii) Engage in the process of problem solving; and

(iii) Formulate a plan for the future.

(b) Family interpersonal development, especially pertaining to the:

(i) Child's ability to function adequately within socially prescribed and acceptable roles;

(ii) Ability to relate to others; and

(iii) Ability to communicate effectively with others.

(i) Function within age-appropriate school/work environments; and

(ii) Meet future educational/vocational goals.

(d) Other needs as they pertain to the child/family ability to function adequately in their community. Among these needs are:

(i) Emotional;

(ii) Intellectual;

(iii) Social;

(iv) Medical; and

(v) Financial.

(3) Develop and write the individualized service plan from the information assessed, the interview with the child, and in conjunction with the aftercare counselor, and have it approved by the immediate supervisor.

(4) Evaluate the child's unmet needs which can be addressed with available resources.

(5) Set service goals along with time frames and the responsibilities of each party, based on the evaluation, with the child/family and the aftercare counselor. These goals are to:

(a) Be specific and attainable; and

(b) Include long-term and short-term objectives.

(6) List on the individualized service plan the service goals, steps, time frames, and responsibilities.

(7) Deliver direct services which may vary based on the child's needs and the individualized service plan.

D. Direct Service Role of the Aftercare Counselor. The aftercare counselor shall:

(1) Visit the child within 30 days of the commitment to the institution.

(2) Meet with the institutionalized child face-to-face at least monthly.

(3) Maintain monthly contact with the parent or parents to discuss:

(a) The child's progress;

(b) Plans for release; and

(4) Meet with the institutional staff at reviews to reassess and modify the individualized service plan.

(5) Evaluate the child's progress toward meeting treatment goals following reviews. When necessary, the aftercare counselor shall use the individualized service plan in conjunction with the institutional juvenile counselor.

(6) Recommend a child's release consistent with the reassessment of the individualized service plan in cooperation with the institutional juvenile counselor.

(7) Complete the community component of the release referral.

(8) Arrange necessary court actions and procedures to effect release of the child.

(9) Develop at time of release a new individualized service plan according to reassessment procedures, including the initial level of supervision as follows:

(a) Meet with the child at least once per week during the first month after release. At least one meeting is to be a home visit.

(b) Reevaluate the level of supervision after the first month. The level shall be maintained at the intensive or supervision level as set forth in Regulation .06B(1) and (2) of this chapter.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.13 Transfer Cases.

A. Interregion Courtesy Supervision.

(1) The sending juvenile counselor shall:

(a) Discuss the case with the juvenile counselor supervisor as to the appropriateness of the transfer for courtesy supervision;

(b) Prepare the case for transfer consistent with procedures outlined in the planned assessment of the individualized service plan;

(d) Complete the disposition and supervision sections on appropriate ASSIST forms; and

(e) Review the case record and provide copies of pertinent information, including the original information and the original assignment order and draft cover letter, to all interested parties.

(2) The sending juvenile counselor supervisor shall:

(a) Review the case record for completeness and accuracy and approve it; and

(b) Send the cover letter and all pertinent material to the regional administrator or the regional administrator's designee for approval and transfer to the office of the receiving regional administrator.

(3) The receiving juvenile counselor shall:

(a) Upon receipt of the case records from the receiving regional administrator, open the case and review the records, individualized service plan, etc.;

(b) Send progress reports to the sending juvenile counselor in accordance with the procedures outlined in the planned reassessment of the individualized service plan;

(d) Prepare and forward the summary of adjustment memorandum to the original court through the Department of Juvenile Services recommending case termination; and

(e) Complete the disposition and supervision sections on appropriate ASSIST forms.

B. Proceedings for the Transfer of Jurisdiction.

(1) When jurisdiction has been transferred by an original court of jurisdiction the sending juvenile counselor shall:

(a) Prepare a cover letter to be sent to the receiving jurisdiction and enclose copies of any necessary materials;

(b) Forward all material to the receiving jurisdiction including any requests/arrangements to assure case coverage during the transfer process; and

(2) The receiving juvenile counselor shall:

(a) Proceed with the orientation process which shall be completed within 2 weeks of receipt of the case material; and

(b) Complete the disposition and supervision sections on appropriate ASSIST forms.

C. Interstate Courtesy Supervision.

(1) This supervision is governed by the Interstate Compact on Juveniles, Human Services Article, §9-301 et seq.,Annotated Code of Maryland.

(2) The sending juvenile counselor shall:

(a) Complete all relevant ASSIST forms as required;

(b) Complete all relevant Interstate Compact forms;

(c) Forward all material to the receiving jurisdiction including any requests/arrangements to assure case coverage during the transfer process; and

(d) Maintain periodic contact with the receiving juvenile counselor to monitor and reassess the individualized service plan.

(3) The receiving juvenile counselor shall:

(a) Complete all relevant ASSIST forms as required;

(b) Complete all relevant Interstate Compact forms; and

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

COMAR 16.16.01.14 Case Termination.

A. Basis for Termination.

(1) Termination is usually recommended when the child has:

(a) Abided by all the required conditions;

(b) Met the service goals;

(d) Reached the point where continued supervision and services does not produce any additional benefits.

(2) When case termination is recommended, the juvenile counselor or aftercare counselor shall:

(a) Obtain the approval of the juvenile counselor supervisor to terminate the case;

(b) Prepare the necessary reports and documents to request termination by the appropriate court;

(d) Complete the termination section on the appropriate ASSIST form.

(3) If the court denies the request to terminate, the juvenile counselor shall:

(a) Discuss the case with the juvenile counselor supervisor concentrating on the court's reason for denial;

(b) Develop a new individualized service plan, taking the court's input into consideration;

(d) Notify the court of the new individualized service plan;

(e) Update the appropriate ASSIST form; and

(f) Establish a realistic future date when the case may be resubmitted for termination.

(4) On Interstate Compact cases the receiving juvenile counselor shall:

(a) Notify the sending juvenile counselor; and

(b) Complete the termination section on the appropriate ASSIST form.

History

Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 544)
Administrative History: Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007
Administrative History: Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239)
Authority: Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland

16.16.02 Screening and Assessment for Mental Health, Substance Abuse, and Mental Retardation

COMAR 16.16.02.01 Scope.

This chapter governs the requirements for a Department of Juvenile Services intake officer to disseminate information regarding screening and assessment for mental health, substance abuse, and mental retardation.

History

Administrative History: Effective date: June 11, 2001 (28:11 Md. R. 1054)
Administrative History: Chapter recodified from COMAR 16.03.02 to COMAR 16.16.02 in June, 2007
Authority: Courts and Judicial Proceedings, §§3-8A-04—3-8A-17.12, Annotated Code of Maryland

COMAR 16.16.02.02 Referral for Screening.

A. Upon receipt of a complaint concerning a child, and in no event not later than 25 days after receipt of a complaint, an intake officer shall:

(1) Discuss with the child and the child's parent or guardian information regarding a screening for:

(a) Mental illness;

(b) Substance abuse; or

(2) Document the discussion; and

(3) Obtain written verification from the child and the child's parent or guardian acknowledging receipt of information regarding screening for:

(a) Mental illness;

(b) Substance abuse; or

B. Within 15 days after the discussion with the child and the child's parent or guardian, the intake officer shall document whether the child's parent or guardian made an appointment for a screening.

History

Administrative History: Effective date: June 11, 2001 (28:11 Md. R. 1054)
Administrative History: Chapter recodified from COMAR 16.03.02 to COMAR 16.16.02 in June, 2007
Authority: Courts and Judicial Proceedings, §§3-8A-04—3-8A-17.12, Annotated Code of Maryland

COMAR 16.16.02.03 Screening and Assessment.

A. The screening and assessment authorized by this chapter shall be conducted by an individual who:

(1) Has been selected by the child's parent or guardian;

(2) Has been approved, as appropriate, by the State public mental health system or the child's health insurance carrier, if any; and

(3) Is:

(a) A qualified health, mental health, or substance abuse professional; or

(b) Staff trained by a qualified health, mental health, or substance abuse professional.

B. A child may consent to advice, consultation, diagnosis, and treatment as provided in Health-General Article, Title 20, Annotated Code of Maryland.

History

Administrative History: Effective date: June 11, 2001 (28:11 Md. R. 1054)
Administrative History: Chapter recodified from COMAR 16.03.02 to COMAR 16.16.02 in June, 2007
Authority: Courts and Judicial Proceedings, §§3-8A-04—3-8A-17.12, Annotated Code of Maryland

COMAR 16.16.02.04 Confidentiality.

A. Information received by the Department of Juvenile Services or the Maryland Department of Health relating to a specific screening or assessment for mental health, substance abuse, or mental retardation conducted under this chapter is confidential and may not be disclosed to any person.

B. Unless otherwise prohibited by law, the Department of Juvenile Services and the Maryland Department of Health may make public non-identifying information concerning screenings or assessments for mental health, substance abuse, or mental retardation.

History

Administrative History: Effective date: June 11, 2001 (28:11 Md. R. 1054)
Administrative History: Chapter recodified from COMAR 16.03.02 to COMAR 16.16.02 in June, 2007
Authority: Courts and Judicial Proceedings, §§3-8A-04—3-8A-17.12, Annotated Code of Maryland

COMAR 16.16.02.05 Amendments to Regulations.

This chapter may not be amended unless the amendment is approved by both the Secretary of Juvenile Services and the Secretary of Health.

History

Administrative History: Effective date: June 11, 2001 (28:11 Md. R. 1054)
Administrative History: Chapter recodified from COMAR 16.03.02 to COMAR 16.16.02 in June, 2007
Authority: Courts and Judicial Proceedings, §§3-8A-04—3-8A-17.12, Annotated Code of Maryland

16.17.01 Youth Services Bureau

COMAR 16.17.01.01 Scope.

These regulations apply to all youth services bureaus funded by the State.

History

Administrative History: Effective date: August 17, 1977 (4:17 Md. R. 1299)
Administrative History: Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02
Administrative History: Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01
Administrative History: Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02
Administrative History: Regulations .01—.11 recodified as .03—.13, respectively
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067)
Authority: Human Services Article, §9-233, Annotated Code of Maryland

COMAR 16.17.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Core services” means only the following:

(a) Individual, family, and group counseling;

(b) Referral and information services;

(d) Substance abuse assessment and referral services; and

(e) Informal counseling.

(2) “Department” means the Department of Juvenile Services.

(3) “Substance abuse” means alcohol and drug abuse.

(4) “Bureau” means a youth services bureau, which is a community-based nonresidential program that is established pursuant to Human Services Article, §9-233, Annotated Code of Maryland.

History

Administrative History: Effective date: August 17, 1977 (4:17 Md. R. 1299)
Administrative History: Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02
Administrative History: Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01
Administrative History: Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02
Administrative History: Regulations .01—.11 recodified as .03—.13, respectively
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067)
Authority: Human Services Article, §9-233, Annotated Code of Maryland

COMAR 16.17.01.03 Program Requirements.

A. General Services. Each bureau shall:

(1) Provide all core services and, in accordance with particular community needs, other services;

(2) Serve a specific catchment area, in which the bureau shall be located and which may be realigned with approval from the Department;

(3) Provide services at convenient hours in a manner which is accessible to the community;

(4) Promote community awareness of the bureau's services; and

(5) Make use of existing public and private services in their communities by making referrals to those services which are available and appropriate.

B. Core Services.

(1) Formal Counseling.

(a) Individual, family, and group counseling shall be considered formal counseling if counseling sessions are provided on a regularly scheduled basis for more than three sessions.

(b) Case files for each formal counseling case shall contain:

(i) Intake material;

(ii) Progress and session notes;

(iii) Service plan; and

(iv) Termination summary.

(c) Service plans shall be developed for each formal counseling case before the fourth counseling session and shall contain:

(i) A problem statement;

(ii) Mutually agreed upon treatment goals;

(iii) Strategies used by the counselor to meet treatment goals;

(iv) Interactions with other parties when necessary to meet treatment goals; and

(v) Quarterly updates.

(2) Information and Referral Services.

(a) Information and referral services shall be provided to the general public or individual clients of the bureau.

(b) The bureau shall maintain a list of available community services. The list shall include the name of the referral service, its address, and its telephone number.

(3) Crisis Intervention.

(a) Crisis intervention, including intervention relating to youth suicide prevention, shall be provided to any youth and family in the community. These services are of an emergency nature and shall be provided when the situation demands an immediate response or action by the bureau.

(b) The type and number of crisis intervention incidents shall be documented.

(4) Substance Abuse Assessment and Referral.

(a) Substance abuse assessment and referral services shall be provided by bureau staff who have received substance abuse assessment and referral training from the Office of Education and Training for Addictions Services of the Maryland Department of Health or from any other entity that the Secretary of the Department determines to be qualified to provide substance abuse assessment and referral training.

(b) The bureau shall document the number of substance abuse assessments and referrals the bureau provides.

(5) Informal Counseling.

(a) Individual, family, and group counseling shall be considered informal counseling if the counseling is provided on an irregular basis for three or fewer sessions.

(b) The bureau shall document informal counseling occurrences.

C. Noncore Services. To the extent that a bureau provides services in addition to core services, the bureau shall identify these services, provide them through the use of appropriately trained staff or volunteers, and document the type and number of the services provided.

Cross References

16.17.01.04B(5)

History

Administrative History: Effective date: August 17, 1977 (4:17 Md. R. 1299)
Administrative History: Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02
Administrative History: Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01
Administrative History: Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02
Administrative History: Regulations .01—.11 recodified as .03—.13, respectively
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067)
Authority: Human Services Article, §9-233, Annotated Code of Maryland

COMAR 16.17.01.04 Monitoring and Evaluation.

A. Eligibility for State Funding. In order to be eligible for funding from the State, a bureau shall meet the requirements set out in this regulation.

B. Bureau Requirements. Each bureau shall:

(1) Have a valid organizational structure, including a board of directors or an advisory board;

(2) Follow sound personnel practices and maintain complete personnel files that include for each bureau staff member:

(a) A job description,

(b) A completed criminal background check,

(d) Annual staff evaluations;

(3) Provide insurance coverage, as appropriate for the services provided;

(4) Establish and maintain such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of funds;

(5) Meet the program requirements set out in Regulation .03 of this chapter, the information reporting and confidentiality requirements set out in Regulation .05 of this chapter, and, if the bureau charges its clients a fee for services, the fee requirements set out in Regulation .06 of this chapter;

(6) Conduct criminal background checks for all employees and, as required by Department policy, volunteers;

(7) Comply with the Department policy on reporting critical incident reports; and

(8) Submit to the Department an annual budget at the time the Department specifies.

C. Monitoring Generally. The Department may monitor the bureau by:

(1) Conducting scheduled and unscheduled site visits;

(2) Attending bureau board of directors or advisory board meetings;

(3) Inspecting bureau fiscal, client case, and staff and volunteer files;

(4) Reviewing bureau policies and procedures; or

(5) Meeting with and interviewing bureau staff, volunteers, and clients.

D. Compliance and Effectiveness Reports.

(1) The Department shall issue reports which:

(a) Determine the bureau's compliance or noncompliance with the bureau requirements; and

(b) Evaluate annually the bureau's effectiveness.

(2) The Department shall provide the bureau with a copy of the compliance and effectiveness reports.

(3) If a compliance or effectiveness report indicates that the bureau's performance does not comply with the statute or these regulations, or that the bureau is ineffective, the bureau shall within 15 days of receipt of the report:

(a) File with the Department a plan of corrective action which addresses the concerns raised by the report and provides a timetable for compliance; or

(b) File with the Secretary or the Secretary's designee a protest of the report or reports, providing in the protest a detailed explanation of why the report of noncompliance or ineffectiveness is unsubstantiated.

(4) If a bureau is determined to be ineffective or if a bureau fails to meet these eligibility guidelines for 2 years, the Department shall stop funding the bureau.

E. Nonexclusivity. This regulation does not limit the ability of any State or local government or agency that provides funds to a bureau from reviewing the bureau's program for compliance with the terms of the bureau's grant or contract with the State or local government or agency, and from taking any appropriate action.

History

Administrative History: Effective date: August 17, 1977 (4:17 Md. R. 1299)
Administrative History: Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02
Administrative History: Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01
Administrative History: Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02
Administrative History: Regulations .01—.11 recodified as .03—.13, respectively
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067)
Authority: Human Services Article, §9-233, Annotated Code of Maryland

COMAR 16.17.01.05 Information Reporting and Confidentiality.

A. Information Reporting to the Department.

(1) For each Department client on informal supervision, protective supervision, probation, or aftercare status who is referred by the Department to the bureau, the bureau shall allow the Department access to the client's information and shall provide the Department confirmation of the acceptance of the client by the bureau. The bureau shall keep the Department informed at reasonable intervals to be determined by the Department of the client's attendance and cooperation in the bureau program.

(2) For all formal counseling cases, excluding those clients referred by the Department, the bureau shall provide the Department with the first three initials of the client's surname, the initials of the client's first and middle names, and the client's date of birth. The bureau shall inform their formal counseling cases that the information in this subsection shall be provided to the Department.

(3) The bureau shall obtain an appropriate release of information to comply with §A(1) and (2) of this regulation.

(4) For all bureau clients not covered by §A(1) or (2) of this regulation, the bureau shall provide non-client-identifying information, as requested, regarding program activities and statistics in the form and format approved or provided by the Department.

B. Confidentiality of Records.

(1) Bureau case records shall be stored inside a locked file cabinet. The case records shall be supervised and controlled directly by an authorized bureau staff member.

(2) A bureau shall allow the Department full access to client-identifying records and files of those youth described in §A(1) of this regulation.

(3) Unless otherwise provided by law or regulation, access to client-identifying records and files without consent of the client shall be restricted to:

(a) The youth who is subject of the record;

(b) The parent or guardian of the youth named in the record; and

(4) A bureau may maintain its case records in a manner that codes client-identifying information as specified in §A(2) of this regulation.

(5) Individual case records shall be retained by a bureau for 5 years after services to the individual are no longer necessary. The records then shall be destroyed by incineration or shredding.

(6) Nothing in this regulation shall be construed to affect any obligation concerning client record confidentiality that is otherwise set out in any federal or State statute or regulation.

Cross References

16.17.01.04B(5)

History

Administrative History: Effective date: August 17, 1977 (4:17 Md. R. 1299)
Administrative History: Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02
Administrative History: Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01
Administrative History: Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02
Administrative History: Regulations .01—.11 recodified as .03—.13, respectively
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067)
Authority: Human Services Article, §9-233, Annotated Code of Maryland

COMAR 16.17.01.06 Fees.

A. The bureau's board of directors may charge bureau clients a fee for services that is based upon the client's family income.

B. Before implementing its fee plan, the bureau shall consult with the Department.

C. Fees obtained from clients may be retained by the bureau for bureau purposes.

D. The bureau may not assess a fee for service provision to a youth referred to the bureau by court order.

Cross References

16.17.01.04B(5)

History

Administrative History: Effective date: August 17, 1977 (4:17 Md. R. 1299)
Administrative History: Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02
Administrative History: Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01
Administrative History: Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02
Administrative History: Regulations .01—.11 recodified as .03—.13, respectively
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067)
Authority: Human Services Article, §9-233, Annotated Code of Maryland

16.17.02 Youth Diversion Programs

COMAR 16.17.02.01 Scope.

These regulations apply to:

A. Youth diversion programs currently being funded by the Department of Juvenile Services;

B. A program which seeks funding from the Department of Juvenile Services as a youth diversion program; and

C. A program which is approved by the Department of Juvenile Services as a diversion program.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.02 Purpose.

The purpose of a youth diversion program is to:

A. Provide preadjudicatory services for alleged juvenile offenders to reduce penetration into the Juvenile Services system and decrease the likelihood for further delinquent behavior;

B. Provide services on a cost-free basis;

C. Function as advocates of youth needs;

D. Provide counseling (individual, family and group), referral and information services, crisis intervention, and informal counseling;

E. Provide, in accordance with particular community needs, tutoring, alternative leisure activities, employment assistance for older youth, community education, and other specialized services at convenient hours;

F. Service primarily youth from the Department of Juvenile Service' intake and the State's Attorney's Office;

G. Service, in accordance with the contracted number, a formal caseload, that is, those cases requiring a written referral, intake report, service plan, and sequential case documentation. In addition, a specified counselor shall be assigned and case follow-up performed.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.03 Eligibility for Certification.

A youth diversion program shall be considered eligible for certification if it meets criteria outlined under Regulations .05 and .06 of this chapter to the satisfaction of the Department of Juvenile Services.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.04 Fiscal Records.

Youth diversion programs or the local units of government shall establish and maintain such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of diversion funds under their control. Fiscal procedures for contractors are stated in Regulation .09 of this chapter. Diversion financial records are subject to fiscal audits by the Department of Juvenile Services.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.05 Services Provided by Youth Diversion Programs.

A. Diversion programs shall provide the following services regardless of budgetary limitations:

(1) Individual counseling;

(2) Family or group counseling, or both;

(3) General and referral information services;

(4) Crisis intervention.

B. The services indicated in §A(1)—(4) of this regulation are equally important, and monitoring shall examine and equate the performance of all four services.

C. Diversion programs should provide, within available resources, additional community-based youth services as needed in the following areas:

(1) Tutoring;

(2) Leisure-time activities;

(3) Mobilizing community resources;

(4) Drug education.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.06 Guidelines for Youth Diversion Programs Receiving State Funds.

A. Nature of Services Delivered.

(1) Youth diversion programs shall provide services in a manner which is appealing and accessible to their community. This requires flexible hours and may entail the use of an outreach approach or satellite centers, or both.

(2) Youth diversion programs are responsible for developing and maintaining community rapport.

(3) Programs may not systematically deny service to any groups of youths in their communities.

(4) Programs may not be required to provide services to youth who, in the best judgment of the program staff, are in need of services beyond those which the program is capable of offering. In this case, the programs shall attempt to refer the participant to an appropriate agency for service.

(5) Diversion programs shall maintain a listing of community services to which participants may be referred. The listing shall include at least the name of the referral service, its address, telephone number, and eligibility requirements.

(6) Youth diversion programs shall make use of existing public and private services in their communities by referral and networking with those services which are available and appropriate. Programs shall provide the participant with whatever assistance is needed to follow through with the referral. In addition, it is the program's responsibility to follow up on each formal case referred to determine whether the service was provided by the agency to which the referral was made.

(7) Youth diversion programs shall provide written or verbal feedback to the worker making the referral to the program regarding the acceptance of referrals. The worker shall be periodically informed of the individual's participation in the diversion program.

B. Internal Management and Operation.

(1) Internal management, evaluation of staff, and other aspects of the daily operations of the diversion programs are the responsibility of the program director.

(2) Youth diversion programs shall be staffed by professionals or paraprofessionals, or both. The use of volunteers to expand services and support the paid staff is recommended.

(3) Youth diversion programs shall maintain case record files on each formal counseling case when the youth is seen on a regular basis. Program shall maintain physical custody of case records at all times.

(4) The diversion program staff shall provide suitable protection for case record files. Information in these files is confidential. Accordingly, client-identifying data from case files will be released to individuals or agencies outside the program staff only if the participant has given his or her permission in writing, and then only when considered appropriate by the program.

(5) The agency operating the youth diversion program shall have an advisory board or board of directors, or both, which is representative of youth and adult community members, agency staff, and professionals in the human services field.

(6) The Department of Juvenile Services shall define the specific geographical areas which the program will serve, and the programs shall make their catchment areas known to all agencies or organizations from which the program may receive referrals. Catchment areas may not be so large as to prohibit proper coverage or so small as to ignore natural boundaries. Diversion programs shall make sure, at all times, that they are adequately serving the needs of youth in their designated catchment areas before extending their services to youth outside these areas.

(7) Diversion programs shall serve, on a priority basis, those youth and their families referred by the Department of Juvenile Services or the State's Attorney's Office, or both, for the juvenile court or as specified, according to individual contracts.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.07 Program Accountability.

A. Monitoring.

(1) The basic task involved in monitoring is to determine whether the program is providing services in compliance with the contract. The primary data collected shall be the:

(a) Number of clients served annually;

(b) Age, sex, race, address, offense or activity which led to referral, and prior offense history, if any, for each client served; and

(2) The tools used to monitor diversion programs are:

(a) The quarterly reporting form;

(b) On-site visits conducted at least once during the contract year;

(3) Irregularities indicated in the quarterly report shall be brought to the attention of the program. Additional information may be required.

B. Evaluation.

(1) The basic evaluative tool to be used for determining effectiveness is the comprehensive follow-up. Data on the adjudication status of a diversion program's formal caseload will be reported at the quarter of termination, and 1 and 2 years after termination.

(2) The extent of adjudication among the youth intensively served will be verified by examining, when possible, records retained by the Department of Juvenile Services. Records and reports from other agencies and self-reported information from youth served may be accepted also.

(3) The method used to obtain adjudication information will be identified in the evaluative report. This evaluation shall show the effect of a program on the delinquent behavior of its participants (as measured by whether they are adjudicated). Individual diversion programs may use their own staff or field work students and volunteers to produce evaluations of a more sophisticated nature.

(4) Data shall be collected on all services rendered. The effectiveness of some of these services is less measurable but may be important in examining the long range impact of diversion programs on juvenile behavior.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.08 Confidentiality of Records.

A. The youth diversion programs shall comply with 42 CFR, Chapter 1, Subpart C, §§2.31 and 2.31-1, which is incorporated by reference.

B. For purposes of monitoring, evaluation, and general accountability for the expenditure of State funds, some data will usually be in aggregate form except for those cases which are specifically referred to the programs by the Department of Juvenile Services. The Department of Juvenile Services may not require a diversion program to provide information which will identify an individual who is not already known to the Department of Juvenile Services. This identifying information will be removed or obscured in case records before their review by anyone other than diversion staff.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.02.09 Fiscal Guidelines.

A. Youth diversion programs shall adhere to fiscal guidelines as promulgated by the Department of Juvenile Services.

B. The Department of Juvenile Services shall reserve the right to revise its guidelines at any time without notice.

Cross References

16.17.02.04

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 597)
Administrative History: Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04
Administrative History: Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02
Administrative History: Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland

COMAR 16.17.03 Purchase of Care —Services [Repealed]

History

Administrative History: Effective date:
Administrative History: Chapter recodified from COMAR 10.25.02 to COMAR 14.22.05
Administrative History: Chapter recodified from COMAR 14.22.05 to COMAR 16.04.03
Administrative History: ——————
Administrative History: Chapter repealed effective December 19, 1994 (21:25 Md. R. 2109)
Administrative History: Chapter recodified from COMAR 16.04.03 to COMAR 16.17.03 effective June 18, 2007 (34:12 Md. R. 1967)

COMAR 16.17.04 Purchase of Care—Clinical Services [Repealed]

History

Administrative History: Effective date: April 8, 1985 (12:7 Md. R. 702)
Administrative History: Chapter recodified from COMAR 10.25.06 to COMAR 14.22.06
Administrative History: Chapter recodified from COMAR 14.22.06 to COMAR 16.04.04
Administrative History: Preface recodified as Regulation .01 Scope
Administrative History: Regulations .01 and .02 recodified as Regulations .01 and .03, respectively
Administrative History: ——————
Administrative History: Chapter repealed effective December 19, 1994 (21:25 Md. R. 2109)
Administrative History: Chapter recodified from COMAR 16.04.04 to COMAR 16.17.04 effective June 18, 2007 (34:12 Md. R. 1967)

16.17.05 Certification of Community Nonresidential Services

COMAR 16.17.05.01 Scope.

These regulations apply to community nonresidential youth programs that receive funds from the Department of Juvenile Services and are not otherwise licensed or certified by the State.

History

Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 916)
Administrative History: Chapter recodified from COMAR 16.04.05 to COMAR 16.17.05 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-241, Annotated Code of Maryland

COMAR 16.17.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Applicant” means the person, agency, or corporation applying for certification as a community nonresidential youth program under these regulations.

(2) “Certification” means approval by the Department to receive Department funds for operating a community nonresidential youth program in compliance with these regulations.

(3) “Department” means the Department of Juvenile Services.

(4) “Program” means community nonresidential services for youth provided in an organized manner.

History

Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 916)
Administrative History: Chapter recodified from COMAR 16.04.05 to COMAR 16.17.05 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-241, Annotated Code of Maryland

COMAR 16.17.05.03 Certification.

A. Application. An applicant wanting to obtain or renew a certification for a community nonresidential program shall submit a completed application and other required information to the Department in accordance with these regulations and Department policy.

B. Disposition of Applications. Within 30 days following receipt by the Department of a completed application, the Department shall review and evaluate for compliance with these regulations the application and other required information, inspect the program site, and either grant or deny certification of the program.

C. Provisional Certification. The Department may issue a provisional certification to an applicant for a single period not to exceed 6 months. At the end of the provisional period, the Department shall grant or deny full certification.

D. Denial of Certification. If the Department denies an application, the Department shall formally notify the applicant and specify the reasons for the denial.

E. Duration of Certification. A certification shall be valid for 2 years from the date of issuance unless terminated, suspended, or revoked before the expiration of that term.

F. Posting of Certificate. A community nonresidential youth program for youth shall post in a prominent place the certificate issued pursuant to these regulations.

G. Nontransferability. A certification shall be valid only for the program for which it is issued, and may not be sold, assigned, or transferred.

H. Renewal. An application for renewal of certification shall be received by the Department not less than 45 days before the expiration of the current certification.

I. Return of Certificate.

(1) If a program is discontinued or ceases to be operated by the entity to which the certification was issued, the certification is void and the certificate shall be returned immediately to the Department.

(2) If a certification is suspended or revoked, or if an application for renewal of certification is denied, the program shall return the certificate to the Department on the date of the suspension or revocation, or in the case of nonrenewal, upon expiration of the certification.

History

Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 916)
Administrative History: Chapter recodified from COMAR 16.04.05 to COMAR 16.17.05 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-241, Annotated Code of Maryland

COMAR 16.17.05.04 Program Requirements for Certification.

A. In order to meet organizational and administrative requirements, each program shall:

(1) Provide a program description that defines the:

(a) Population to be served,

(b) Services to be provided,

(d) Methods and techniques to be used in order to accomplish the desired outcomes;

(2) Provide an organizational chart and a narrative describing the interrelatedness of all staff;

(3) Provide job descriptions for all positions which indicate the required level of education and experience for each;

(4) Maintain accounting records in accordance with generally accepted accounting principles and COMAR 16.04.02 in sufficient detail so that expenditures pertaining to the operation of the program are readily identifiable;

(5) Secure insurance coverage for potential liabilities commensurate with the services provided; and

(6) Establish a grievance procedure approved by the Department for youth in the program.

B. In order to meet staff requirements, each program shall:

(1) Provide a sufficient number of appropriately trained staff to fulfill the service design of the program;

(2) Provide a personnel file for each staff member in the program which includes the following documentation:

(a) Identifying information,

(b) Verification of criminal background checks,

(d) Indication of reference checks,

(e) Verification of an initial and subsequent annual physical examination, including a TB test, which indicates that the employee is in good physical health,

(f) Record of orientation and training,

(g) Verification of a driver's license and insurance, when applicable,

(h) Annual evaluation, and

(i) Employee termination summary; and

(3) Provide a plan for the use of volunteers, including student interns, which addresses:

(a) Selection,

(b) Orientation,

(d) Criminal background checks, when applicable.

C. In order to meet service delivery requirements, each program shall:

(1) Provide intake procedures;

(2) Provide orientation to all youth entering the program and, as appropriate, the youths' families;

(3) Provide a termination procedure for youth;

(4) Develop a service or treatment plan for each youth in the program which includes:

(a) Involvement of the youth, the youth's family and, when appropriate, the Department in the planning process,

(b) Individual goals,

(d) Assigned responsibilities for accomplishing the goals,

(e) Outcome measures, and

(f) Regular review of the plan;

(5) Maintain for each youth a record which is kept in a secure and confidential manner with limited access and is kept current, complete, and accurate;

(6) Maintain sufficient record keeping to document all activities performed by the program;

(7) Ensure provision of a program designed to meet the social, emotional, and physical needs of the youth; and

(8) Ensure that children of mandatory school attendance age who have not earned a secondary school diploma or certificate of completion and children who are eligible for special education services are provided with an educational program through the local educational agency or at the program, if the program's school holds a certificate of approval issued by the State Board of Education to operate a nonpublic education program.

D. The program site shall meet applicable health and fire safety requirements and be appropriate and conducive to the activities and services to be conducted there.

E. In order to meet the reporting requirements, each program shall:

(1) Adhere to the requirement for reporting all cases of suspected child abuse or neglect;

(2) Follow the Department's policy for reporting critical and emergency incidents involving staff or youth in the program;

(3) Report to the Department client demographic information regarding service delivery and the number of youth served as required by the Department; and

(4) Notify the Department of any condition or circumstance that may affect the program's compliance with these regulations.

History

Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 916)
Administrative History: Chapter recodified from COMAR 16.04.05 to COMAR 16.17.05 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-241, Annotated Code of Maryland

COMAR 16.17.05.05 Program Monitoring.

A. Each program certified under these regulations shall be monitored by the Department to determine compliance with these regulations.

B. The program shall allow the Department to:

(1) Meet with staff and clients;

(2) Observe program activities;

(3) Review:

(a) Fiscal information and expenditure of State funds,

(b) Personnel records,

(d) Administrative records and policies; and

(4) Verify reports submitted by the program to the Department.

C. Monitoring shall be conducted by the Department regularly through announced or unannounced visits.

D. Monitoring Reports.

(1) The Department shall issue reports based on the monitoring of the program.

(2) If the Department determines that a program is not in compliance with these regulations, the Department shall issue a report that describes the areas of noncompliance.

(3) Within 15 days of receipt of the report, the program shall:

(a) File with the Department a plan of corrective action which addresses the concerns raised by the report and provides a timetable for compliance; or

(b) File with the Secretary or with the Secretary's designee a protest of the report providing a detailed explanation of why the report of noncompliance is unsubstantiated.

History

Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 916)
Administrative History: Chapter recodified from COMAR 16.04.05 to COMAR 16.17.05 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-241, Annotated Code of Maryland

COMAR 16.17.05.06 Suspension and Revocation.

A. The Department may suspend for up to 6 months or revoke permanently a program's certification for failure to comply with these regulations.

B. The Department shall give a program at least 15 days written notice before suspending or revoking the program's certification.

C. A program whose certification is suspended or revoked by the Department may appeal as provided by the Administrative Procedure Act of the State Government Article.

History

Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 916)
Administrative History: Chapter recodified from COMAR 16.04.05 to COMAR 16.17.05 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-204 and 9-241, Annotated Code of Maryland

16.18.01 Child Advocacy Grievance Procedure

COMAR 16.18.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Child advocate” means an individual who works on behalf of children under Department of Juvenile Services' jurisdiction to see that their needs are met and their rights upheld through the operations of the agency.

(2) “Grievance” means a complaint due to a circumstance or action considered to be unjust.

(3) “Secretary” means the Secretary of Juvenile Services or the Secretary's designee.

(4) “Superintendent” means the chief administrative officer of an institution or a youth center.

History

Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2105)
Administrative History: Chapter recodified from COMAR 10.25.07 to COMAR 14.22.07
Administrative History: Regulations .01—.10 repealed and new Regulations .01—.05 adopted effective January 23, 1989 (16:1 Md. R. 71)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.07 to COMAR 16.05.01
Administrative History: Chapter recodified from COMAR 16.05.01 to COMAR 16.18.01 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Article 83C, §2-118, Annotated Code of Maryland

COMAR 16.18.01.02 Role of Facility Staff.

A. Every employee at the facility shall have the responsibility to assist any child who expresses a desire to initiate a grievance.

B. An employee may not retaliate against children who have filed a grievance.

History

Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2105)
Administrative History: Chapter recodified from COMAR 10.25.07 to COMAR 14.22.07
Administrative History: Regulations .01—.10 repealed and new Regulations .01—.05 adopted effective January 23, 1989 (16:1 Md. R. 71)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.07 to COMAR 16.05.01
Administrative History: Chapter recodified from COMAR 16.05.01 to COMAR 16.18.01 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Article 83C, §2-118, Annotated Code of Maryland

COMAR 16.18.01.03 Role of the Child Advoctate.

A. The child advocate shall assist any child who expresses a desire to initiate a grievance.

B. Once a child advocate has been contacted concerning a grievance, the child advocate shall assist the child until the problem has been resolved, even if the child has been transferred or released.

C. The Secretary shall appoint a substitute child advocate when the grievance is filed against the child advocate.

History

Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2105)
Administrative History: Chapter recodified from COMAR 10.25.07 to COMAR 14.22.07
Administrative History: Regulations .01—.10 repealed and new Regulations .01—.05 adopted effective January 23, 1989 (16:1 Md. R. 71)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.07 to COMAR 16.05.01
Administrative History: Chapter recodified from COMAR 16.05.01 to COMAR 16.18.01 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Article 83C, §2-118, Annotated Code of Maryland

COMAR 16.18.01.04 Grievance Procedures.

A. Initiation of Grievance.

(1) A child may initiate a grievance by contacting the child advocate, or requesting that a staff member contact the child advocate.

(2) The child shall initiate the grievance procedure within 5 working days of the action or incident, unless the child can satisfactorily demonstrate to the child advocate that a time extension is necessary.

B. Response to Grievance.

(1) Meet with the Child. The child advocate shall respond to the grievance by meeting with the child as soon as possible to obtain the facts and attempt a prompt solution.

(2) Grievance Against the Superintendent. If the child's grievance is against the superintendent, the Secretary, after having been notified by the child advocate, shall contact the parties involved in the grievance as soon as possible and attempt to resolve the grievance.

(3) Investigate and Mediate. Except as noted in §B(2) of this regulation, the child advocate shall contact all parties involved in the grievance as soon as possible and attempt to resolve the grievance.

(4) Confer with All Parties.

(a) If the grievance is not resolved, the Secretary or superintendent shall confer with all parties involved.

(b) After hearing all parties, the Secretary or superintendent shall give a written decision.

(5) Appeal to the Secretary.

(a) If the child is not satisfied with the decision of the superintendent, an appeal may be filed with the child advocate.

(b) After receiving an appeal from the child, the child advocate shall submit the case, in writing, to the Secretary.

(c) The appeal shall consist of a review of all documents submitted. The Secretary may request additional information from anyone involved in the grievance.

(d) The Secretary shall file a written decision on the appeal which shall be final and binding on all parties to the grievance.

History

Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2105)
Administrative History: Chapter recodified from COMAR 10.25.07 to COMAR 14.22.07
Administrative History: Regulations .01—.10 repealed and new Regulations .01—.05 adopted effective January 23, 1989 (16:1 Md. R. 71)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.07 to COMAR 16.05.01
Administrative History: Chapter recodified from COMAR 16.05.01 to COMAR 16.18.01 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Article 83C, §2-118, Annotated Code of Maryland

COMAR 16.18.01.05 Regulation Limitations.

The grievance procedures may not:

A. Offer an administrative hearing;

B. Be governed by the contested case provisions of State Government Article, Annotated Code of Maryland; and

C. Include decisions made through the Department of Juvenile Services Disciplinary Appeals Process.

History

Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2105)
Administrative History: Chapter recodified from COMAR 10.25.07 to COMAR 14.22.07
Administrative History: Regulations .01—.10 repealed and new Regulations .01—.05 adopted effective January 23, 1989 (16:1 Md. R. 71)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 14.22.07 to COMAR 16.05.01
Administrative History: Chapter recodified from COMAR 16.05.01 to COMAR 16.18.01 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Article 83C, §2-118, Annotated Code of Maryland

16.18.02 Limits on Use of Restraints and Seclusion; Prohibition of Abuse

COMAR 16.18.02.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Abuse.

(a) “Abuse” means:

(i) The physical injury of a youth by any employee under circumstances that indicate the youth's health or welfare is significantly harmed or at risk of being significantly harmed; or

(ii) Sexual abuse of a youth, whether or not physical injuries are sustained.

(b) “Abuse” does not include providing a youth with nonmedical religious remedial care and treatment recognized by State law.

(2) “Department” means the Department of Juvenile Services.

(3) “Duty officer” means the individual designated by the superintendent to make decisions during the superintendent's absence or when the superintendent is unavailable.

(4) “Employee” means any Department employee or any volunteer providing direct or indirect services to a youth in a facility.

(5) “Facility” means a residential program operated and managed by the Department.

(6) “Locked door seclusion” means the placement of a youth in a locked individual room, separate from the youth's room, where a youth is kept for a period of time.

(7) “Restraint” means a mechanical device or a chemical agent which, when used, limits movement of a youth's body or temporarily disables the youth.

(8) “Sexual abuse” means any act that involves sexual molestation or exploitation of a youth by an employee and includes incest, rape, or a sexual offense in any degree, sodomy, and unnatural or perverted sexual practices.

(9) “Superintendent” means the individual who manages a facility.

(10) “Youth” means any individual under care in a facility.

History

Administrative History: Effective date: June 22, 1992 (19:12 Md. R. 1136)
Administrative History: Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland

COMAR 16.18.02.02 Prohibition of Abuse.

Acts of abuse at a facility are prohibited.

History

Administrative History: Effective date: June 22, 1992 (19:12 Md. R. 1136)
Administrative History: Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland

COMAR 16.18.02.03 Use of Locked Door Seclusion.

A. A facility employee may not place a youth in locked door seclusion as punishment.

B. A facility employee may place a youth in locked door seclusion only:

(1) When it is clearly necessary to protect the youth or other individuals or to prevent escape; and

(2) After less restrictive methods have been tried or cannot reasonably be tried.

C. Time Limitations.

(1) A youth may not remain in locked door seclusion more than 24 hours without the review and approval of the superintendent or the duty officer, who shall provide a written explanation for the decision. If one of these administrators was involved in the incident, the other one makes the determination.

(2) After the decision has been made to keep a youth in locked door seclusion for more than 24 hours, the youth shall be seen by the superintendent or the duty officer at least once during each 12-hour period.

(3) The maximum stay in seclusion as a result of a single incident may not exceed 72 hours, unless a declared written emergency is issued by the superintendent.

D. Release. A youth shall be released from locked door seclusion when the youth no longer fits the criteria for placement in locked door seclusion.

History

Administrative History: Effective date: June 22, 1992 (19:12 Md. R. 1136)
Administrative History: Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland

COMAR 16.18.02.04 Use of Restraints.

A. A facility employee may not apply any restraint to a youth as punishment.

B. A facility employee may apply restraints to a youth only for:

(1) The protection of the youth or other individuals;

(2) Secure transportation; or

(3) The prevention of escape.

History

Administrative History: Effective date: June 22, 1992 (19:12 Md. R. 1136)
Administrative History: Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland

COMAR 16.18.02.05 Facility Policy.

A. Use by an employee of locked door seclusion or restraint is governed by the policy applicable to the facility.

B. A facility's policy shall address a youth's right to:

(1) A hearing before an impartial hearing officer;

(2) Advance written notice of the:

(a) Date, time, and location of the hearing, and

(b) Availability and name of a child advocate;

(3) Be heard and present witnesses;

(4) Confront adverse witnesses;

(5) Appeal the decision; and

(6) Expungement of the records from the youth's file if the youth prevails at the hearing.

C. A facility's policy, based upon the facility's physical structure and personnel, shall describe:

(1) The permissible locations for locked door seclusion;

(2) The supervision that shall be provided when locked door seclusion or restraints are used;

(3) The services or treatment considered appropriate as a result of a youth's conduct; and

(4) A process for releasing a youth from locked door seclusion or restraints.

History

Administrative History: Effective date: June 22, 1992 (19:12 Md. R. 1136)
Administrative History: Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)
Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland