Md. Code Regs. 07.02.09.03

Current through Register Vol. 51, No. 26, December 27, 2024

Section 07.02.09.03 - Requirements for Kinship Resource Home Licensing

A. Background Clearance. Before or at the time of placing a child in care with a kinship caregiver, the local department shall:

(1) Review the following for any kinship caregiver or adult household member:

(a) Child protective services records;

(b) State and national sex offender registries; and

(c) Maryland Judiciary Case Search;

(2) Require the kinship caregiver and all household members 18 years old or older to apply within 5 business days for a State and federal fingerprint-based criminal background clearance at location(s) provided by the local department and at no cost to the caregiver or other adults in the home;

(3) Ask if any adult in the home has lived out of state in the last 5 years. If yes, the local department shall request documentation from the other state's state-maintained child abuse and neglect registry; and

(4) As soon as they become available, review the results of:

(a) Child protective services clearances;

(b) State and federal fingerprint-based criminal background clearance; and

(c) Out-of-state CPS clearances from any state that a kinship caregiver or household member 18 years old or older has lived within the prior 5 years to determine whether that individual has been found responsible for child abuse or neglect.

B. Disqualifiers. The local department may not license any home in which an adult in the household:

(1) Has a felony conviction for:

(a) Child abuse or neglect;

(b) Spousal abuse;

(c) A crime against a child or children, including child pornography;

(d) A crime of violence as enumerated in Criminal Law Article, § 14-101, Annotated Code of Maryland, including rape, sexual assault, or homicide, but not including other physical assault or battery; or

(e) Human trafficking; or

(2) Has had a felony conviction in the prior 5 years for:

(a) Physical assault;

(b) Battery; or

(c) A drug-related offense.

C. Assessment. Before or at the time of placing a child in care with a kinship caregiver, the local department shall conduct a visit at the home of the kinship caregiver to assess the kinship caregiver and their home using the Kinship Caregiver and Home Assessment approved by the Administration to:

(1) Assess the caregiver's willingness and ability to work with the local department and the child's family, and to provide for the child in care's physical, medical, mental health, and educational needs;

(2) Provide an individualized assessment and objective facts to determine whether the kinship caregiver can meet the physical and mental health needs of the child in care, with consideration of the need for additional support, or reasonable accommodations, or a reasonable modification of policies, practices, or procedures, and including the nature, duration, and severity of a risk to the child, and the likelihood that potential injury to the child will occur. The assessment may not be based on stereotypes or generalizations.

(3) Assess the health and safety of the home to include the condition of the home, fire safety, window covering safety, water safety, storage of firearms, and other items potentially dangerous to children;

(4) Ensure the kinship caregiver provides a safe sleeping arrangement for the child in care, which may include a bunk bed, trundle bed, or another arrangement the local department deems appropriate, taking into account the age and abilities of the child in car; and.

(5) Identify any endangering health or safety concerns and discuss the concerns with the kinship caregiver to:

(a) Create a plan with the kinship caregiver on how the local department will assist and support the kinship caregiver in addressing the health and safety concerns, including, as appropriate, identifying and providing auxiliary aids or services or making reasonable modifications to policies, practices, or procedures without jeopardizing the safety of the child in care;

(b) Conduct a follow-up inspection as necessary to determine whether the kinship caregiver has addressed the health and safety concerns or if providing auxiliary aids, services, modifications to policies, practices or procedures, or additional support is needed; and

(c) Evaluate whether the child in care can remain safely in the home while the kinship caregiver is addressing the concerns.

D. Emergency Placement. If, due to emergency circumstances or time constraints, the local department cannot complete the Kinship Caregiver and Home Assessment before or at the time of placement, a worker shall:

(1) Ensure there are no conditions that would render the child in care unsafe until the local department can complete the assessment; and

(2) Schedule and conduct a home visit within 5 calendar days from the day of placement, to complete the Kinship Caregiver and Home Assessment.

E. Medical and Mental Health Conditions. If, after an individualized assessment, the local department has established with objective evidence that a kinship caregiver, family member of the caregiver, or household member has a medical or mental health condition that poses a significant risk to the health or safety of the child in care that cannot be improved by a reasonable accommodation or reasonable modification to policies, practices, or procedures, the local department shall request that the kinship caregiver, family member of the caregiver, or household member:

(1) Have a medical or mental health examination of a general or specific nature as directed by the local department; and

(2) Provide documentation from the examining healthcare provider stating that the medical or mental health condition is not likely to prevent the child in care from receiving care and attention in the home and is not communicable, or harmful to the child in care, or

(3) Identify auxiliary aids or services that improve safety concerns.

F. Monthly Care Stipend. As soon as a worker has identified a kinship caregiver with whom to place a child in care, the worker shall take all steps necessary to ensure that the kinship caregiver receives a monthly care stipend starting on the date of placement and for the duration of the placement.

G. Licensing.

(1) When a local department has determined that the kinship caregiver, any adult household member, and the kinship resource home have met the requirements of this chapter, the kinship caregiver shall be deemed fully licensed to provide care for any child in care who is identified as kin and may be an adoptive resource, or eligible for custody and guardianship of the child in care, without the need for additional licensing;

(2) An individual shall be at least 18 years old to be licensed as a kinship caregiver;

(3) An individual licensed under this chapter as a licensed kinship caregiver is dually licensed for both foster care and adoption; and

(4) The local department will provide the kinship caregiver with a written license.

Md. Code Regs. 07.02.09.03

Regulation .03 adopted effective 51:24 Md. R. 1081, eff. 12/12/2024.