Md. Code Regs. 07.02.11.03

Current through Register Vol. 51, No. 8, April 19, 2024

Section 07.02.11.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Abandonment" means to leave a child without any provision for support and without any person who has accepted long-term responsibility to maintain care and have custody and control of the child when:

(a) The whereabouts of the parents or guardian are unknown; and

(b) The local department has made reasonable efforts to locate the parent or guardian over a period of at least 6 months and has been unsuccessful.

(2) "Abuse" means:

(a) The physical or mental injury of a child under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed by:

(i) A parent or other individual who has permanent or temporary care or custody or responsibility for supervision of a child; or

(ii) Any household or family member; or

(b) Sexual abuse of a child, whether physical injuries are sustained or not.

(3) "Administration" means the Social Services Administration.

(4) "Adoption" means the legal proceeding:

(a) By which an individual becomes the child of an adoptive family; and

(b) Which confers on the adopted child all the legal rights and privileges to which a child born to that family would be entitled.

(5) "Aftercare services" means a service to the child and caregiver when the child is emerging from out-of-home placement and is no longer in a paid out-of-home placement.

(6) "Age or Developmentally Appropriate Activities" means extracurricular, enrichment and social activities that are generally accepted as suitable for children of the same chronological age or level of maturity and that promote cognitive, emotional, physical, and behavioral growth.

(7) "Agency error" means failure by the local department to act:

(a) Upon information provided within prescribed time limits; or

(b) Correctly on information provided.

(8) Another Planned Permanent Living Arrangement-APPLA.

(a) "Another planned permanent living arrangement (APPLA)" means a permanency plan that addresses the individualized needs of the child, including the child's educational plan, emotional stability, physical placement, and socialization needs.

(b) "Another planned permanent living arrangement (APPLA)" includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child's life.

(9) "Board rate" means the reimbursement to the out-of-home placement provider for the child's maintenance expenses.

(10) "Case plan" means the document described in Regulation .13 of this chapter that includes:

(a) The reason the child entered care;

(b) The reasonable efforts that were made to prevent placement or reasons why prevention efforts were not appropriate;

(c) The identification of the concurrent permanency plans and projected timeframes for achievement of each plan;

(d) Whether the placement is the least restrictive and whether safety issues are addressed;

(e) The local department's efforts to achieve permanency for the child;

(f) The extent to which the court's orders have been carried out;

(g) The services offered to the parents or legal guardian;

(h) The services delivered to the parents or legal guardian;

(i) The extent to which the parents or legal guardian have participated in the development of a service agreement; and

(j) The extent to which the parents or legal guardian have complied with the service agreement.

(11) "Child" means an individual younger than 18 years old, or between 18 and 21 years old if the court retains jurisdiction over the child and the individual meets the eligibility requirements of Regulation .04B of this chapter.

(12) "Child in need of assistance (CINA)" means a child who requires court intervention because:

(a) The child has been abused, neglected, has a developmental disability, or has a mental disorder; and

(b) The child's parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child's needs.

(13) "Children with disabilities voluntary placement" is the placement of a child into out-of-home placement upon the request of the parents or legal guardian without relinquishment of legal custody when the child's disability necessitates care or treatment in an out-of-home placement.

(14) "Client error" means failure by the provider to correctly, promptly, or adequately report information to the local department.

(15) "Close proximity" means a location physically close enough to facilitate family visiting, consistent with the best interest and special needs of the child.

(16) "Concurrent permanency planning" means the process of taking concrete steps to implement both primary and secondary permanency plans, for example, by providing time-limited family reunification services while also exploring relatives as resources.

(17) "Cost of care" means all the costs associated with the care of the child in foster care, including the board rate, clothing allowance, and any supplemental expenditures made to meet the child's special needs.

(18) "Court" means the circuit court for a county sitting as a juvenile court.

(19) "Critical incident" means the abuse or neglect of a child or other serious incident involving a child that occurred in-home or in an out-of-home placement.

(20) "Dependent child" means a child who has been deprived of adequate support or care by reason of the death, continued absence from home, or physical, mental, or emotional incapacity or disability of the child's parent, guardian, or other custodian.

(21) "Episode" means the interval between the date a child enters an out-of-home placement and the date the out-of-home placement is closed due to the:

(a) Rescission of commitment by the court;

(b) Child reaching age 21;

(c) Finalization of the adoption of the child; or

(d) Voluntary placement agreement termination.

(22) Foster Care.

(a) "Foster care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home.

(b) "Foster care" includes:

(i) Services to the child's parents or legal guardian, siblings, and relatives in order to achieve a safe, permanent placement for the child;

(ii) Services to the foster parents and supervision of the child in the foster care placement to assure that the placement promotes the child's physical, emotional, and intellectual growth and well-being; and

(iii) Aftercare services to the child and the child's caregiver to prevent placement disruption or reentry into out-of-home placement.

(23) "Gatekeeper" means the person or system designated as the point of entry for the public treatment foster care program, and who authorizes initial and ongoing treatment eligibility.

(24) Group Care.

(a) "Group care" means continuous 24-hour care and supportive services provided for a minor child placed in a licensed group facility.

(b) "Group care" includes:

(i) Services to the child's parents or legal guardian, siblings, and relatives in order to achieve a safe, permanent placement for the child;

(ii) Supervision of a child in an appropriate group care setting to assure that the placement promotes the child's physical, emotional and intellectual growth and well-being;

(iii) Post-placement services to the child and the child's caregiver to prevent placement disruption or reentry into out-of-home placement.

(25) "Guardianship to agency" means guardianship with the right to consent to adoption or long-term care short of adoption as defined in Family Law Article, 5-301(e), Annotated Code of Maryland, and:

(a) Is conferred by the court on the executive head of a child placement agency; and

(b) Terminates the rights, duties, and obligations of the birth parents.

(26) "Health care services" means the provision of medical services by a qualified licensed health care professional, which includes somatic or physical health, mental health, and dental health services.

(27) "Intermediate care" means a payment rate above the regular care rate paid to a foster home for a child requiring extra care and supervision because of special physical, emotional, or behavioral needs.

(28) "Kinship care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the fifth degree of consanguinity or affinity under Estates and Trusts Article, § 1-203, Annotated Code of Maryland.

(29) "Least restrictive setting" means the most family-like setting consistent with the best interest and special needs of the child.

(30) "Legal guardian" means a person to whom guardianship of a child has been given by order of court, including a court other than the juvenile court.

(31) "Local department" means a local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.

(32) "Medical care" means physical, mental health, or dental treatment provided by a qualified, licensed health care professional.

(33) "Mental injury" means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function resulting from abuse or neglect.

(34) "Neglect" means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other individual who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate that:

(a) The child's health or welfare is harmed or placed at substantial risk of harm; or

(b) There is mental injury, or a substantial risk of mental injury, to the child.

(35) "Out-of-home placement" means placement of a child into foster care, kinship care, group care, or residential treatment care.

(36) Overpayment.

(a) "Overpayment" means the amount of payment received by a foster care provider to which the provider was not entitled because payment was made for a child no longer under the care of, or in the home of, the provider.

(b) "Overpayment" includes payment resulting from:

(i) Agency error;

(ii) Client error;

(iii) Fraud; or

(iv) Suspected fraud as defined in this regulation.

(37) Parent or Parents.

(a) "Parent" means:

(i) The birth or adoptive mothers or fathers of the child; and

(ii) Includes by reference both the individual mothers and fathers as applicable.

(b) "Parents" means the birth or adoptive mothers and fathers of the child.

(38) "Payment irregularity" means an incorrect payment, that may be caused by an overpayment or fraud, which is not consistent with the amount allowable to a private agency provider or a foster care parent approved by the local department.

(39) "Permanency plan" means a plan specifying where and with whom the child shall live, and the proposed legal relationship between the child and the permanent caretaker or caretakers.

(40) "Progress report" means a provider agency's written update of a child's treatment plan for a specific time period.

(41) "Public treatment foster care program" is a treatment foster care program operated by a local department that has been approved by the Administration.

(42) "Public treatment foster parent" means a caretaker who is:

(a) Approved and trained by a local department public treatment foster care program to perform treatment parenting duties; and

(b) Responsible for implementing, monitoring, and assessing the progress of a child's individual treatment within the home setting.

(43) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interests while at the same time encouraging the child's emotional and developmental growth, that an out-of-home placement provider shall use when determining whether to allow a child in foster care under the responsibility of the State, to participate in extracurricular, enrichment, and social activities.

(44) "Recoupment" means a process used by local departments to recover overpaid amounts by withholding from foster care payments an amount determined appropriate, as provided in Regulation .35 of this chapter.

(45) "Recovery" means a process used by local departments to recover overpaid amounts from former foster care providers.

(46) "Regular care" means the rate paid for all children in foster care who require routine care and supervision.

(47) "Relative" means an individual who is at least 18 years old and related to the child by blood, marriage or adoption within five degrees of consanguinity or affinity

(48) "Residential treatment" means continuous 24-hour care and supportive services for a minor child placed in a facility that provides formal programs of basic care, social work, and health care services.

(49) "Respite care" means short-term care for a child to temporarily relieve the foster family or treatment foster family or caregiver from the responsibility of providing 24-hour care for a child.

(50) "Restricted foster home" means a family foster home approved to serve only a specific child.

(51) "Return home" has the same meaning as reunification in §B(50) of this regulation.

(52) "Reunification" means reuniting the child with the child's parents or legal guardian.

(53) "Semi-independent living" means a program for youth 16 through 20 years old who are:

(a) Participating in Youth Transitional Services as described in COMAR 07.02.10;

(b) Living in a subsidized living arrangement; and

(c) Supervised by a local department in an apartment or house.

(54) "Serious emotional or behavioral condition" means a limitation of an individual's capacity which adversely affects the individual's ability to perform in the following areas:

(a) Daily living skills;

(b) Community living skills;

(c) Interpersonal relationships; and

(d) Appropriate educational activities.

(55) "Service plan" means the written plan of activities required of the parent or caregiver and the agency to achieve permanency for the child.

(56) "Shelter care order" means the court's authorization to a local department to place a child into an out-of-home placement on an emergency basis.

(57) "Sibling" means a child that shares at least one parent with another child through blood relation or adoption.

(58) "State" means the State of Maryland.

(59) "Substitute care" means care provided by the foster parent or the employed staff of a group care facility.

(60) Supportive Services.

(a) "Supportive services" means services provided to facilitate achievement of the child's permanency plan.

(b) "Supportive services" includes:

(i) Casework services to the child's parent, legal guardian, relative or pre-adoptive caregiver; and

(ii) Supervision of the child's out-of-home placement to ensure the child's safety and well-being.

(61) "Suspected fraud" means an individual obtaining or attempting to obtain, or aiding another person in obtaining or attempting to obtain, money to which neither is entitled by willfully:

(a) Retaining a check for services to a child or for a period that was already paid in full; or

(b) Making a false statement or representation to the local department.

(62) Termination of Parental Rights means the legal process of obtaining guardianship and ending the rights and responsibilities of the parents.

(63) Time-Limited Family Reunification Services.

(a) "Time-limited family reunification services" means the services and activities that must be made available to the parents or legal guardian to facilitate the reunification of the child during the first 15 months of out-of-home placement.

(b) "Time-limited family reunification services" include the following services mandated by 42 U.S.C. § 629a:

(i) Individual, group, and family counseling;

(ii) Inpatient, residential, or outpatient substance abuse treatment services;

(iii) Mental health services;

(iv) Assistance to address domestic violence;

(v) Services designed to provide temporary child care, including respite care, to families in crisis; and

(vi) Transportation to or from any of the services listed in §B(59)(b)(i)-(v) of this regulation.

(64) "Time-limited voluntary placement" means the placement of a child for a maximum period of 180 days by the parent or legal guardian who requires short-term temporary care for their child and agrees to give the custody of the child to the local department.

(65) "Treatment" means the coordinated provision of services to a child based on a thorough assessment of medical, emotional, behavioral, or psychological conditions designed to produce a planned outcome in the child's behavior, attitude, or general condition.

(66) "Treatment aftercare" is a planned set of services provided to a child who is transitioning from the treatment foster care program to a traditional out-of-home placement or to a permanent placement.

(67) "Treatment foster care" means a program designed and implemented by a child placement agency to provide intensive casework and treatment in a family setting to children with special physical, emotional, or behavioral needs as described in COMAR 07.05.05.

(68) "Treatment plan" means a written description of the objectives, goals, and services to address the needs of a child, including the child's projected length of stay in the program.

(69) "Treatment team meetings" means meetings to review the implementation of a child's treatment plan and the progress, regress, and effectiveness of the treatment regime.

(70) "Voluntary placement" means the placement of a child into foster care voluntarily by the parent or legal guardian who is unable to care for the child, and is either time-limited or for children with disabilities as defined in Regulation .06 of this chapter.

(71) "Voluntary placement agreement" means a binding written agreement voluntarily entered into between a local department and the parent or legal guardian of a minor child that specifies, at a minimum, the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the local department while the child is in placement.

(72) "Youth" means a child between the ages of 14 years old and 21 years old.

Md. Code Regs. 07.02.11.03

Regulation .03B amended effective October 19, 1998 (25:21 Md. R. 1572)
Regulation .03B amended effective August 7, 2000 (27:15 Md. R. 1400)
Regulation .03B amended effective February 6, 2012 (39:2 Md. R. 140); May 12, 2014 (41:9 Md. R. 519)
New Regulation .03 adopted as an emergency provision effective February 1, 1989 (16:4 Md. R. 487); emergency status extended at 16:12 Md. R. 1331, 16:21 Md. R. 2254, and 17:8 Md. R. 967; emergency status expired June 30, 1990
New Regulation .03 adopted as an emergency provision effective July 17, 1990 (17:16 Md. R. 1984); adopted permanently effective December 24, 1990 (17:25 Md. R. 2904)
Chapter revised effective February 10, 1978 (5:3 Md. R. 136) (Previous Regulation .03 renumbered as Regulation .07 respectively. New Regulations .03 adopted)
Regulation .03 amended effective 42:16 Md. R. 1054, eff.8/17/2015; amended effective 44:10 Md. R. 470, eff. 5/22/2017