Md. Code Regs. 07.02.09.05

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

Section 07.02.09.05 - Denial of License

The local department may decline to license a kinship caregiver if:

A. The kinship caregiver, an adult household member or the kinship resource home cannot or will not meet the requirements of this chapter;

B. The local department determines that the kinship caregiver knowingly reported false information having a substantial bearing on the licensing of the home;

C. The local department has previously denied or revoked the kinship caregiver's license, unless the local department is satisfied that the kinship caregiver has corrected the condition that was the basis for the denial or revocation;

D. The kinship caregiver prevents the local department from completing its licensing responsibilities;

E. The kinship caregiver or adult household member has been convicted of a crime identified in Regulation .03B of this chapter;

F. An evaluation of criminal convictions other than those identified in Regulation .03B of this chapter indicates behavior harmful to children, taking into consideration all relevant factors, including the relationship of the crime to the capacity to care for children;

G. Based on facts substantiated by objective evidence and taking into account the age and abilities of the child in care, the local department concludes a kinship caregiver cannot provide for the child in care's physical, medical, mental health and educational needs because of:

(1) A kinship caregiver or adult household member's history of child abuse and neglect findings;

(2) Substance or alcohol misuse;

(3) Physical or mental health conditions; or

(4) A condition or combination of conditions that cannot be improved and prevent the kinship caregiver from providing for the child in care's physical, emotional, medical, or educational needs.

H. Before issuing any denial, the local department shall provide a secondary review process in accordance with policy established by the Administration. This process shall include:

(1) Assessing the licensing materials to ensure compliance with the licensing requirements stipulated in this chapter and addressing any identified areas of concern; and

(2) Evaluating the proposed grounds for the proposed denial to determine whether the evidence substantiates the local department's decision, with particular emphasis on determining that the safety of the child in care would be compromised.

Md. Code Regs. 07.02.09.05

Regulation .05 adopted effective 51:24 Md. R. 1081, eff. 12/12/2024.