Md. Code Regs. 07.01.06.05

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

Section 07.01.06.05 - Procedures for Conducting the Citizen Review of Out-of-Home Placement

A. The local board shall invite interested individuals to the review in the following manner:

(1) At least 42 days before the review, notify the local department to send to the review:

(a) Any local department caseworker who is directly responsible for planning for the child's care; and

(b) The caseworker responsible for each child when sibling groups are reviewed;

(2) At least 10 days before the review, invite:

(a) The child's parents, guardians, and custodians;

(b) A representative of any agency or institution charged with the care of the child;

(c) The child being reviewed, if the child is 18 years old or older; and

(d) The caregiver; and

(3) Have discretion to invite to the review:

(a) The child being reviewed, if the child is 10 years old or older;

(b) The child being reviewed, if the child is younger than 10 years old and requests participation; and

(c) Any other individual whom the local board or local department believes may provide information about the child.

B. The local board shall make findings and recommendations, based on:

(1) The child's safety and best interests as paramount factors;

(2) Information received from:

(a) The case plan;

(b) The caseworker's presentation; and

(c) Interested individuals attending the review; and

(3) All applicable State and federal laws and regulations.

C. Regarding a waiver of reunification services, the local board shall:

(1) Find whether a waiver has been granted or is pending decision of the court;

(2) Find whether the requirements of Courts and Judicial Proceedings Article, § 3-812.1, Annotated Code of Maryland, and exceptions, apply; and

(3) Recommend whether a waiver should be granted or filed.

D. Regarding termination of parental rights for a child younger than 18 years old, the local board shall:

(1) Find whether a petition for termination has been granted or is pending determination by the court;

(2) Find whether requirements of Family Law Article, §5-525.1, Annotated Code of Maryland, and exceptions apply; and

(3) Recommend whether a petition for termination should be filed or granted.

E. Regarding the permanency plan, the local board shall:

(1) Agree with the plan presented by the local department; or

(2) Recommend an alternate permanency plan and explain why the alternate plan is more appropriate.

F. Regarding progress towards making a permanent placement, the local board shall:

(1) Find whether progress is adequate; and

(2) If progress is not adequate:

(a) Cite the agency or agencies responsible, and

(b) Explain why progress is not adequate.

G. Regarding the safety of current and future living arrangements, the local board shall find whether:

(1) The local department has utilized all applicable safety assessment and child protection protocols;

(2) There are indicators of risk; and

(3) The local department has taken appropriate steps to protect the child.

H. Regarding the current living arrangement, the local board shall:

(1) Find whether the arrangement is appropriate; and

(2) If not appropriate:

(a) Explain why the arrangement is not appropriate; and

(b) Recommend steps to achieve an appropriate living arrangement.

I. Regarding the local department's placement plan, the local board shall:

(1) Agree with the plan; or

(2) Recommend an alternate placement plan and explain why the alternate plan is more appropriate.

Md. Code Regs. 07.01.06.05

Regulations .05, Citizen's Review Board for Children, adopted effective August 7, 2000 (27:15 Md. R. 1399)