Md. Code Regs. 07.02.11.09

Current through Register Vol. 51, No. 12, June 14, 2024

Section 07.02.11.09 - Shelter Care

A. In the case of serious, immediate danger to the child, the local department shall:

(1) Remove the child; and

(2) Immediately request authorization from the court or intake officer for shelter care until the next court date when a shelter care hearing is held.

B. Before the shelter care hearing, the local department shall attempt to locate the parents, guardian, custodian, or relatives and provide reasonable notice, oral or written, stating the time, place, and purpose of the shelter care hearing.

C. At the shelter care hearing, the local department shall:

(1) Describe the efforts that have been made but have been unsuccessful in preventing or eliminating the need for the removal of the child from the home;

(2) Describe the reasons why efforts to prevent placement could not be made before removal from the home;

(3) Describe the reasons why a child with a documented developmental disability or mental illness is not appropriate for a children with disabilities voluntary placement.

(4) Describe the child's need for out-of-home placement; and

(5) Make a recommendation of shelter care.

D. If the court orders shelter care, the local department shall place the child in the least restrictive setting consistent with the child's needs.

E. Before or during the shelter care period, the local department shall meet with the parents or legal guardian, and may hold a family team meeting that includes the parents, legal guardian, and relatives to:

(1) Identify all maternal and paternal relatives;

(2) Determine if continued out-of-home placement is necessary for the child who has been placed in shelter care; and

(3) Determine whether the child can be properly cared for at home or in the home of a family member, and if so, develop an appropriate plan for care of the child.

F. When the local department has any reason to believe that a child is to continue in out-of-home placement beyond the length of the shelter care order, the local department shall promptly file a petition with the court to request custody of the child.

G. A local department shall inform a relative with whom the local department places a child of the relative's right to apply to be licensed as a foster home for that child in accordance with COMAR 07.02.25.

Md. Code Regs. 07.02.11.09

Regulation .09 effective January 1, 1976 (3:13 Md. R. 718) as emergency; amended effective October 27, 1976 (3:22 Md. R. 1249)
Regulation .09 effective July 1, 1976 (3:18 Md. R. 980) as emergency; amended effective March 2, 1977 (4:25 Md. R. 372)
Regulation .09, schedules B-2 and B-3 amended effective May 11, 1977 (4:10 Md. R. 764)
Regulations .09 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
Regulations .09 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)