Md. Code Regs. 07.01.06.02

Current through Register Vol. 51, No. 20, October 4, 2024

Section 07.01.06.02 - Definitions

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

B. Terms Defined.

(1) "Administration" means the Social Services Administration of the Department of Human Resources.

(2) "Adoption" means the legal proceeding:

(a) By which an individual becomes the child of an adoptive family; and

(b) Which confers on the adopted child all the legal rights and privileges to which a child born to that family would be entitled.

(3) "Adoption and Safe Families Act (ASFA)" means the 1997 federal law which strengthens the child welfare system's responsibilities in ensuring safety, permanency, and well-being for children.

(4) "Child" means an individual younger than 18 years old, or between 18 and 21 years old if the court retains jurisdiction over the child and the individual meets the eligibility of COMAR 07.02.11.04B.

(5) "Client Information System/Foster Care and Adoption Child Tracking System (CIS/FACTS)" means a component of the Department's Client Information System.

(6) "Concurrent permanency planning" means the process of simultaneously taking concrete steps to implement both primary and secondary permanency plans, for example, by providing time-limited family reunification services while also exploring relatives as resources.

(7) "Court" means:

(a) The circuit court for a county sitting as a juvenile court; or

(b) In Montgomery County, the District Court sitting as a juvenile court.

(8) "Current living arrangement" means where the child lives on the day the case review is conducted by the local board.

(9) "Department" means the Department of Human Resources.

(10) "Foster care" has the meaning stated in COMAR 07.02.11.03B.

(11) "Group care" has the meaning stated in COMAR 07.02.11.03B.

(12) "Guardianship" means an award to an individual by the court, including a court other than a juvenile court, of the:

(a) Custody of a child; and

(b) Authority to decide on the child's care, welfare, education, physical and mental health, and support.

(13) "Internal review" means an administrative case review conducted by the local department.

(14) Kinship Care.

(a) "Kinship care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the 5th degree of consanguinity or affinity as defined in Estates and Trusts Article, §1-203, Annotated Code of Maryland.

(b) "Kinship care" does not involve foster care payments to caregivers.

(15) "Least restrictive setting" means the most family-like setting consistent with the child's best interests and special needs.

(16) "Local board" means CRBC's local citizen board for review of cases of children who are in out-of-home placement in a specific jurisdiction of the State. A jurisdiction may have multiple boards, and small counties may share one board.

(17) "Local department" means the:

(a) Department of social services in a county or Baltimore City; and

(b) Montgomery County Department of Health and Human Services.

(18) "Local plan" means the policy within each jurisdiction between the local board and the local department, and approved by the State Board and the Secretary for:

(a) Scheduling citizen reviews for children in out-of-home placements; and

(b) Providing information to the local boards.

(19) "Out-of-home placement" means placement of a child into foster care, kinship care, group care, or residential treatment care.

(20) Parent or Parents.

(a) "Parent" means the birth or adoptive mother or father of the child.

(b) "Parents" means both the birth or adoptive mother and father of the child.

(21) "Permanency plan" means a plan specifying:

(a) Where and with whom the child will live; and

(b) The proposed legal relationship between the child and the permanent caregiver or caregivers.

(22) "Permanent care" means a permanency plan designated by the court in which the court names the foster or kinship care parents who will provide the permanent home for the child.

(23) "Residential treatment" means continuous 24-hour care and supportive services for a minor child placed in a facility that provides formal programs of basic care, social work, and health care services as defined in COMAR 01.04.04.

(24) "Review population" means the children who at any given time are eligible for review by the board.

(25) "Secretary" means the Secretary of Human Resources.

(26) "Staff assistant" means an employee of the CRBC responsible for assisting the local boards in the review process.

(27) "State Board" means the governing body of CRBC.

(28) "Termination of parental rights (TPR)" means the court has:

(a) Legally terminated the parent's rights and responsibilities for the child; and

(b) Awarded guardianship to:

(i) The local department of social services, or

(ii) A child placement agency.

(29) Time-Limited Family Reunification Services.

(a) "Time-limited family reunification services" means the services and activities that shall be made available to the parents or legal guardian to facilitate the reunification of the child during the first 15 months of out-of-home placement.

(b) "Time-limited family reunification services" include the following services mandated by 42 U.S.C. § 629a:

(i) Individual, group, and family counseling;

(ii) Inpatient, residential, or outpatient substance abuse treatment services;

(iii) Mental health services;

(iv) Assistance to address domestic violence;

(v) Services designed to provide temporary child care including respite care to families in crises; and

(vi) Transportation to and from any of the services.

(30) "Waiver of reunification services" means an order by the court waiving the requirements that reasonable efforts be made to reunite the child with the child's parent or guardian as specified in Court and Judicial Proceedings Article, § 3-812.1, Annotated Code of Maryland.

Md. Code Regs. 07.01.06.02

Regulations .02, Citizen's Review Board for Children, adopted effective August 7, 2000 (27:15 Md. R. 1399)