Md. Code Regs. 07.02.11.05

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

Section 07.02.11.05 - Local Department Responsibility for Out-of-Home Placement

A. A child is considered to enter out-of-home placement and the placement episode begins when the local department:

(1) Removes the child from the home of the parents, legal guardian, or caregiver;

(2) Acquires legal responsibility for the care and placement of the child through a:

(a) Court order, including a shelter care order, or

(b) Written voluntary placement agreement pursuant to Regulation .06 of this chapter; and

(3) Places the child in an out-of-home placement.

B. A child is considered to leave out-of-home placement and the placement episode ends when the:

(1) Child is no longer in an out-of-home placement as defined in Regulation .03B of this chapter;

(2) Local department no longer has legal custody or guardianship;

(3) Local department terminates aftercare services; or

(4) Child who was in placement under a written voluntary placement agreement is returned to the care of the parents or legal guardian.

C. A local department with responsibility for a child's case shall:

(1) Ensure that all information relating to the child and the child's family is used in planning for the child;

(2) Ensure that reasonable efforts were made to prevent placement and achieve a permanency plan for the child;

(3) Immediately initiate a search for relatives and the absent parent, if applicable;

(a) Within 30 days after removal of a child from the custody of the child's parent or legal guardian, subject to exceptions due to family or domestic violence, notify any found adult relatives and parents with legal custody of siblings of the child that the child has been removed from the parent's custody; and

(b) Include in the notice:

(i) Options to participate in the care and placement of the child;

(ii) Options that may be missed by failure to respond to the notice;

(iii) Requirements to become a resource family home; and

(iv) Services and supports available for the child if placed in the home.

(4) Provide the parents or legal guardian with services reasonably designed to facilitate reunification, unless contrary to the child's best interest;

(5) Develop a case plan that identifies the concurrent permanency plans in accordance with Regulation .13 of this chapter.

(6) Whenever possible:

(a) Develop concurrent permanency plans and service agreements with the parents or legal guardian:

(b) Include a visitation plan as part of the service agreement;

(c) Provide the parents or legal guardian with a copy of the completed concurrent permanency plans and service agreements; and

(d) Arrange to discuss with the parents or legal guardian any intended changes in the concurrent permanency plans and service agreements;

(7) Implement a visitation plan which:

(a) Offers the parents or legal guardian weekly visits when one of the concurrent permanency plans is reunification;

(b) Offers siblings visitation with the child living in an out-of-home placement unless the court has ordered no visitation;

(c) Does not force a child to participate in visitation but refers the child to a therapist for assistance in resolving the visitation issues; and

(d) Offers transportation assistance as appropriate to the parents or legal guardian;

(8) Notify the parents or legal guardian of court hearings and periodic reviews, unless they have been notified by the court or the Citizens Review Board for Children (CRBC);

(9) Notify the parents or legal guardian of any change in the child's placement, unless doing so would not be in the best interest of the child for a reason specified in the case record;

(10) Notify the parents or legal guardian of any change affecting visitation, unless doing so is not feasible for a reason specified in the case record;

(11) Notify the parents or legal guardian before petitioning the court for commitment or termination of parental rights;

(12) Advise the parents or legal guardian of the availability of free or sliding fee legal services for any court proceeding;

(13) Provide aftercare services for up to 6 months following reunification to facilitate a safe and stable permanent placement, if appropriate;

(14) Provide the parents or legal guardian with a written and verbal explanation of their rights regarding out-of-home placement;

(15) Provide services to the child's family and monitor the safety of any children remaining in the family home;

(16) Ensure that, at a minimum, the caseworker:

(a) Has monthly face-to-face contact with the parent, legal guardian, and any children remaining in the family home,

(b) Maintains contact with the child and out-of-home placement provider as described in Regulation .17 of this chapter, and

(c) Has monthly contact with the out-of-home placement provider;

(17) Notify the appropriate court if the department has information indicating that a child's interest as a victim is not protected in a court case;

(18) Ensure that the child has opportunities for age or developmentally appropriate activities; and

(19) Ensure that the out-of-home placement provider is applying the reasonable and prudent parent standard in making decisions regarding the child's engagement in age or developmentally appropriate activity opportunities.

Md. Code Regs. 07.02.11.05

Regulation .05 amended effective January 8, 1975 (2:1 Md. R. 14)
Regulation .05D effective January 1, 1976 (3:13 Md. R. 718) as emergency; amended effective October 27, 1976 (3:22 Md. R. 1249)
Regulation .05F amended effective June 8, 1977 (4:12 Md. R. 946)
Regulation .05C amended effective February 6, 2012 (39:2 Md. R. 140)
New Regulation .05 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 .05 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 .05 renumbered as Regulation .10 respectively. New Regulations .05 adopted)
Regulation .05 amended effective 42:16 Md. R. 1054, eff.8/17/2015; amended effective 44:10 Md. R. 470, eff. 5/22/2017