Md. Code Regs. 07.02.11.06

Current through Register Vol. 51, No. 10, May 17, 2024

Section 07.02.11.06 - Voluntary Placement

A. Time-Limited Voluntary Placement.

(1) If a parent or legal guardian is temporarily unable to care for a child because the parent or legal guardian is, or soon will be, hospitalized, incarcerated, or otherwise unable to parent the child, the local department may acquire responsibility for temporary care of the child by accepting a voluntary placement of the child by the parent or legal guardian, under a binding written agreement between the local department and the parent or legal guardian.

(2) A child may not remain in out-of-home placement under a time-limited voluntary written agreement for more than 180 calendar days.

(3) The local department may accept a time-limited voluntary placement only when all of the following conditions are met:

(a) Reasonable efforts have been made to prevent the need to place the child;

(b) The local department believes that the parent or legal guardian will meet all responsibilities as set forth in Regulation .07 of this chapter;

(c) Both parents, the parent with sole legal custody, the sole caretaker parent of the child, or the legal guardian signs a binding written agreement;

(d) The parents or legal guardian who are parties to the voluntary agreement sign a document that gives the local department the authority to consent to medical care, as set forth in Regulation .08 of this chapter;

(e) The parents who are parties to the voluntary agreement pay child support in accordance with Regulation .29 of this chapter; and

(f) The placement is made in support of a plan of service to the parents or legal guardian designed to lead to reunification within 180 calendar days.

(4) The local department shall:

(a) Give written and oral notice to the parents or legal guardian that the time-limited voluntary placement agreement can be revoked at any time by a written revocation signed by the same individual or individuals who signed the voluntary agreement; and

(b) Inform the parents or legal guardian that the local department shall petition the court for custody if it is determined that the child's best interest requires out-of-home placement for longer than 180 calendar days.

(5) Upon receipt of a written revocation, the local department shall:

(a) Promptly return the child to the parents or legal guardian; or

(b) Immediately petition the court for emergency shelter care for the child.

(6) The local department shall petition the court for custody:

(a) As soon as the local department determines that the child will require out-of-home placement for longer than 180 calendar days; or

(b) Whenever the local department determines that it is in the child's best interest.

(7) The child who continues to require out-of-home placement at the end of 180 calendar days of placement pursuant to a time-limited voluntary placement written agreement may remain in out-of-home placement only if a juvenile court has committed the child to the custody or guardianship of a local department.

(8) This regulation does not apply to children whose parents have signed a voluntary consent for adoption.

B. Children with Disabilities Voluntary Placement.

(1) The following may request a Voluntary Placement Agreement:

(a) A parent;

(b) A legal guardian; or

(c) The Court.

(2) A Voluntary Placement Agreement may not be initiated by a third party.

(3) The local department shall make reasonable efforts to prevent placement in accordance with Md. Code Ann., Family Law Article, § 5-525(e), Annotated Code of Maryland.

(4) The local department shall conduct an assessment.

(5) In order for the local department to sign a voluntary placement agreement, the following conditions must be met:

(a) The child has a documented developmental disability or mental illness;

(b) A treatment provider such as a medical doctor, psychiatrist, or psychologist has provided a written recommendation which details the need for out-of-home placement;

(c) The child requires an out-of-home placement in order to obtain treatment directly related to the documented disability;

(d) The parent is unable to provide treatment or care;

(e) The goal is reunification with the family at conclusion of treatment;

(f) Local Care Team (LCT) meeting has been held to determine whether any alternative or interim services for the child and family may be provided by any State agency;

(g) An appropriate placement and placement date has been determined as follows:

(i) The placement must be in the least restrictive setting; and

(ii) A psychiatric hospital is not considered a placement;

(h) The Administration must approve the voluntary placement by signing the Children with Disabilities Placement Checklist;

(i) The parent and the Child Support Enforcement Agency must finalize a binding child support agreement detailing the amount and manner for child support payments;

(j) Both parents, a parent with sole legal custody, or a legal guardian has signed a voluntary placement agreement which gives the local department the responsibility for placement and care decisions related to the child; and

(k) The local department shall make reasonable efforts to prevent placement.

(6) A voluntary placement cannot be made if the parent refuses to pay child support or enter into a written agreement.

(7) A voluntary placement agreement cannot be signed prior to a placement date.

(8) A child may remain in a Children with Disabilities Voluntary Placement beyond 180 calendar days or after the child's 18th birthday if:

(a) A treatment provider such as a medical doctor, psychiatrist, or psychologist has submitted written documentation supporting the need to continue the voluntary placement due to the child's developmental disability or mental illness; and

(b) Before the 180th calendar day in placement or prior to a child's 18th birthday, a juvenile court determines that continuation of the voluntary placement agreement is in the child's best interest.

(9) A local department may not seek legal custody as long as:

(a) The child has a developmental disability or a mental illness;

(b) The placement is needed to obtain treatment or care related to the child's disability; and

(c) There is no allegation of child abuse or neglect as defined in Courts and Judicial Proceedings Article, § 3-801(b),(s) and,(x), Annotated Code of Maryland.

(10) All cases under a children with disabilities voluntary placement agreement shall meet all service and case plan requirements for the out-of-home placement program as set forth in this chapter.

(11) A children with disabilities voluntary placement agreement may be terminated prior to a voluntary placement hearing and the child returned to the parent or parents or legal guardian within 15 calendar days of notice if the local department receives a written revocation from the parent or legal guardian that signed the voluntary placement agreement.

(12) The local department may rescind the voluntary placement agreement prior to a voluntary placement hearing provided that:

(a) The parent or legal guardian who signed the agreement provides the local department with a written revocation of the agreement: or

(b) The parent or legal guardian who signed the agreement moves out-of-State: or

(c) The parent or legal guardian who signed the agreement fails to fulfill the terms of the agreement including the parent refusing to pay child support in accordance with a child support order: and

(d) The local department provides to the parent or legal guardian 15 calendar days written notice which includes details of the reasons for rescission and an explanation of appeal rights and the local department has discussed available placement plans and options with the parent or legal guardian.

(13) A children with disabilities voluntary placement agreement may be terminated after a voluntary placement hearing has been held and the local department:

(a) Has received a written revocation from the parent or legal guardian that signed the voluntary agreement;

(b) The local department has discussed available placement plans and options with the parent or parents or legal guardian; and

(c) Has requested that the juvenile proceedings be terminated by sending copies of both the request for revocation and an attached revocation notice to the juvenile court, all counsel, the parent or legal guardian informing them that the child is no longer in a voluntary placement, that the local department has closed its out-of-home placement case and is requesting that the juvenile court close its case.

(14) The local department shall file a petition to request an emergency voluntary placement review hearing, regardless of whether a previous court hearing has occurred, if the local department:

(a) Is not in agreement with the parent or legal guardian's written request for revocation; and

(b) Has determined that the best interest of the child requires continued out-of-home placement for treatment and care.

(15) Each local department shall designate a person to administer requests for voluntary placement agreements who shall be:

(a) An existing staff member of the local department; and

(b) Provided with annual training by the Administration on policies and procedures regarding the voluntary placement of children with developmental disabilities or mental illnesses.

C. Nothing in the preceding sections shall preclude the local departments from taking appropriate action pertaining to child abuse and neglect as defined in Family Law Article, § 5-701, Annotated Code of Maryland.

D. Enhanced After Care.

(1) The purpose of Enhanced After Care is to provide former Maryland foster youth an opportunity to re-enter foster care through a voluntary placement agreement so that they can continue learning and practicing independent living skills.

(2) The goal of Enhanced After Care is to ensure that the participants recognize and accept personal responsibility for making the transition into adulthood.

(3) To be eligible for Enhanced After Care, a youth shall be a former Maryland foster care youth:

(a) Whose commitment to the local department was rescinded after the age of 18 years; and

(b) Who was not discharged from foster care due to adoption, reunification, guardianship, marriage, or military duty; and

(c) Who enters into an Enhanced After Care Voluntary Placement Agreement with the local department in the jurisdiction from which the youth exited foster care or where they are receiving services.

(4) To continue to be eligible for Enhanced After Care, within 30 days of signing an Enhanced After Care Voluntary Placement Agreement, a youth shall be:

(a) Completing secondary education or a program leading to an equivalent;

(b) Enrolled in an institution which provides post secondary or vocational training;

(c) Participating in a program or activity designed to promote or remove barriers to unemployment;

(d) Employed at least 80 hours per month; or

(e) Incapable of doing any of the above described activities due to a medical condition.

(5) Youth who exit out-of-home placement after their 18th birthday shall apply for Enhanced After Care services prior to the age of 20 years and 6 months.

(6) Youth receiving Enhanced After Care may receive all services available to youth under the Out-of-Home Placement Program as set forth in this chapter.

(7) A youth may remain in an Enhanced After Care Voluntary Placement beyond 180 calendar days if before the 180th calendar day in placement, a juvenile court determines that continuation of the voluntary placement agreement is in the youth's best interest.

(8) The local department shall file a petition with the juvenile court to request an extension of the voluntary placement or to request an emergency voluntary placement review hearing if the local department determines termination of the voluntary placement agreements if appropriate.

(9) The local department shall terminate services for the following:

(a) Youth's failure to comply with the service agreement or the voluntary placement agreement;

(b) Youth turns 21;

(c) Youth marries;

(d) Youth enters military duty;

(e) Youth dies; or

(f) Youth voluntarily terminates the voluntary placement agreement.

(10) All cases under an Enhanced After Care Voluntary Placement Agreement shall meet all service and case plan requirements for the out-of-home placement program as set forth in this chapter.

Md. Code Regs. 07.02.11.06

Regulation .06 amended effective January 8, 1975 (2:1 Md. R. 14)
Regulations .06 adopted as an emergency provision effective February 1, 1989 (16:4 Md. R. 487); emergency status extended at 16:12 Md. R. 1331, 16:21 Md. R. 2254, and 17:8 Md. R. 967; emergency status expired June 30, 1990
Regulations .06 adopted as an emergency provision effective July 17, 1990 (17:16 Md. R. 1984); adopted permanently effective December 24, 1990 (17:25 Md. R. 2904)
Regulation .06 amended effective 41:9 Md. R. 519, eff.5/12/2014
Regulation .06B amended effective February 6, 2012 (39:2 Md. R. 140)