Md. Code Regs. 07.02.11.34

Current through Register Vol. 51, No. 11, May 31, 2024

Section 07.02.11.34 - Payment to the Out-of-Home Placement Provider

A. Amount Paid to the Provider.

(1) The amount paid to the provider for care of the child is the amount determined by the standards established in Regulation .39 of this chapter, less any amount the child, who is planning for independent living, pays directly to the foster home from the child's own earnings as established in the service agreement.

(2) Except for the child's own earnings, all resources shall be paid directly to the local department as reimbursement against the cost of the child's care. The amount that the local department pays to the foster parent or payee is not affected by any resource except the child's own earnings.

B. The provider payee is:

(1) The foster parent in whose home the child has been placed;

(2) The agency or institution from which care is being purchased for the child;

(3) A vendor from whom purchase of certain goods or services has been authorized for the child according to established standards;

(4) The child in a semi-independent living arrangement, or the child's payee.

C. Period Covered and Method of Payment to the Provider.

(1) The period covered for regular payments shall be the calendar month or that part of the calendar month for which the local department has custody of the child, or has care and placement responsibilities for the child through a voluntary placement agreement, and the child is in the provider's care.

(2) Temporary absence of the child from the foster home or group facility, such as for hospitalization or runaway status, with the intent for the child to return to the home or facility does not require recalculation of the amount of monthly board allowance unless the absence exceeds 30 days, in which case additional payment is not made. When the child returns, payment shall be resumed beginning with the date of return.

(3) The amount of payment is calculated on a monthly basis and shall be paid by check or electronic transfer. In calculating the amount for a partial month's care, the following shall apply:

(a) Board.

(i) The amount for board shall be the per diem board rate times the number of days of care, counting the day the child goes into care, but not counting the day the child leaves care.

(ii) For a child who has moved during the month from one foster home to another, each foster home shall be paid the per diem rate for the days that the child was in each foster home, as set forth above.

(b) Clothing and Other Items for Foster Family Care. For a child who is entering care, the full monthly amount for clothing may be allowed so long as the child is in the home for any part of the month, except that if an amount is allowed for initial clothing, then no other allowance for clothing may be made for that month.

(c) Payment for Board and Clothing for Group Care.

(i) The monthly clothing allowance for group care is combined with board and negotiated by the administration as a single rate. Payment is for actual monthly costs not to exceed this rate.

(ii) The amount of board and clothing allowance for care for a partial month is the actual per diem cost for board and clothing times the number of days of care but not counting the day the child leaves care. The per diem cost is the actual monthly cost for board and clothing times 12 divided by 365.

(iii) The initial clothing allowance is not available to group care, except for a child who is in a State institution.

D. Local Department Which Pays.

(1) Payment shall be made by the local department which has responsibility for the child's placement through the court order or voluntary agreement.

(2) When a child is placed in another local department's jurisdiction through intercounty placement, the local department which has legal responsibility for the child shall make the payment to the foster home.

Md. Code Regs. 07.02.11.34

Regulations .34 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 .34 amended effective February 3, 1992 (19:2 Md. R. 152)