Md. Code Regs. 07.02.01.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 07.02.01.08 - Continuing Protective Services

A. Continuing Protective Services is a non-entitlement specialized, time limited, goal-oriented service designed to develop positive, nurturing parent-child relationships for families when children remain at home, when there has been a determination that risk for further maltreatment is significant. This population has either previously been served in another In-Home Family Services program, a similar program outside of the local department, or a program ordered by the court.

B. The purpose of Continuing Protective Services is to:

(1) Provide protection to children, while providing services to their families;

(2) Reduce the degree of risk of maltreatment, while children remain safely in their homes;

(3) Develop a safety plan for children with other family or household members, when parents or other caretakers are unwilling or unable to change; and

(4) Remove children from the home, when it is determined that safety will not or cannot be provided, and the child is at imminent risk of harm or has incurred further harm by a family or household member.

C. Eligibility.

(1) Families are served without regard to income.

(2) The court may order services.

(3) Families are eligible when other in-home family services have been offered and the family declines the service, and the local department determines that services are necessary to reduce risk factors associated with the care of the child.

(4) Families may be referred by another in-home family service after support has either been offered or provided and the children residing in the home remain at risk of maltreatment.

(5) Families may be referred directly from Child Protective Services-Investigations when risk factors remain, in order to assure safety of the children.

(6) Families may be served when children are determined to be at risk of maltreatment, families are resistant to service, and court intervention is not appropriate.

(7) Families shall be served when the court has intervened and determined that services are essential.

D. Application Procedures.

(1) Referrals can be made directly by Child Protective Services Investigations, any other In-Home Family Service, another local department, or the court.

(2) At the time of transfer, the following information shall be available to the supervisor and assigned worker:

(a) Documentation showing the initial reason for intervention by the local department;

(b) A copy of any assessment of the family, to include past services provided;

(c) A recently completed risk assessment and corresponding safety plan detailing the action taken to stabilize the family and protect the children;

(d) Documentation to indicate the need for Continuing Protective Services; and

(e) Documentation of face-to-face contact with the family within 7 calendar days of the closing and transfer from the previous service.

E. Initial Contact

(1) Contact shall be made with a family member within 5 working days or 9 calendar days of the transfer to Continuing Protective Services.

(2) When possible, a joint transfer visit shall be made with the family by the investigating caseworker and continuing caseworker.

(3) At the first visit, a service plan/agreement shall also be initiated with the family.

F. Provision and Scope of Services.

(1) For the first 30 days, there shall be contact with the family at least once a week.

(2) After the first 30 days, the local department shall have at least 2 contacts per month with each family member.

(3) During each contact, all children shall be seen individually and separately from the caregiver.

(4) The continuing caseworker shall review, clarify, and make appropriate modifications to the safety plan with the family during this time.

(5) At the end of each contact, the worker shall document the ongoing assessment for the safety of each child.

(6) Within 45 calendar days from the acceptance date, the worker and the family shall have completed and signed a service plan/agreement to cover a period not longer than 6 months.

(7) Any of the services listed in Regulation .03 of this chapter may be provided either directly, through a referral to another agency, or contractually through flex funds.

(8) Services shall meet the standards listed in Regulation .04A(2) of this chapter.

(9) The local department may petition the court at any time during the course of service when the safety of the children cannot be assured or the caretaker is not actively working toward a resolution of the problem, or both.

(10) If the court is involved with the family at the time service is initiated, periodic status reports and an agency court appearance is warranted.

(11) The local department may remove a child from the home at any time when reasonable efforts had been made to assure child safety.

G. Duration of Services.

(1) Continuing Protective Services are to be provided until:

(a) Any concerns for safety have been satisfied and the risk of maltreatment minimized;

(b) The child is removed from the home by either a court order or voluntarily, and the child is safe from harm;

(c) The family refuses services, the degree of risk is minimal, and the court has declined to accept involvement with the local department or sanctioned service; or

(d) The child becomes 18 years old.

(2) At the end of every 3 months of service, the supervisor and caseworker shall formally review the safety, progress, and service plan for the family and make appropriate changes.

(3) Service shall be provided to the family for up to 12 calendar months.

(4) Extension.

(a) If the family is determined to need service beyond 12 months, an administrative review shall be requested for an extension at least 30 days before the predetermined closure date.

(b) A written request shall be made by the caseworker to the director or director's designee and include the reason for need, a plan of action, and an estimated time for closure.

(c) The case shall remain open only upon written approval by the director or the director's designee.

(d) The written approval shall provide the conditions and time frame for the extended service time to the family.

(e) A copy of the extension request shall be maintained in the record.

H. Case Closing.

(1) At any point, Continuing Protective Services may be terminated when:

(a) Risk of maltreatment has been reduced and safety has been assured;

(b) The family is functioning marginally, but the risks to the child are insufficient to justify court action and the family refuses to utilize services; or

(c) There is sufficient reason to remove the child from the home and to place the child in an environment that can assure safety.

(2) If, during the course of service, the family relocates outside of the jurisdiction of the LDSS, and it is determined that continued intervention is necessary, the local department where the family has relocated shall be notified immediately both by telephone and written communication to request service.

(3) When the plan is to close the case, the caseworker shall meet with the family to discuss the following:

(a) The reason for closing;

(b) The safety plan that has been established for the child;

(c) The family's progress and any further concerns; and

(d) The resources and options available to the family within their community.

Md. Code Regs. 07.02.01.08

Regulations .08 adopted effective September 2, 2002 (29:17 Md. R. 1377)