Md. Code Regs. 07.02.09.13

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

Section 07.02.09.13 - Appeal Procedure

A. Appeal Rights. A kinship caregiver aggrieved by a local department's decision to deny, suspend, or revoke a license may appeal under COMAR 07.01.04.

B. Exclusive Jurisdiction of Courts. A kinship caregiver may not use these procedures to appeal a court's decision or a decision that only a court can make.

C. Expedited Appeal. A kinship caregiver who intends to adopt a child the local department has placed in the kinship caregiver's home may appeal a local department's decision to remove the child by advising the local department within 30 days of the removal.

(1) The local department shall notify the Office of Administrative Hearings of the appeal; and

(2) The Office of Administrative Hearings shall hold a hearing and issue a decision within 45 days of receiving the request.

D. Additional Hearing Rights Under COMAR 07.02.26. If a local department removes a child in care from a kinship resource home because of a child protective services finding, the local department shall advise the kinship caregiver of the rights of the alleged maltreater to request a hearing under COMAR 07.02.26 to challenge that finding.

Md. Code Regs. 07.02.09.13

Regulation .13 adopted effective 51:24 Md. R. 1081, eff. 12/12/2024.