Md. Code Regs. 07.02.11.11

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

Section 07.02.11.11 - Out-of-Home Placement

A. In order of preference, a child shall be placed with a relative caregiver, in a foster home, or in a group care setting.

B. A foster home used by the local department shall meet the standards for foster homes established under COMAR 07.02.25 and, except as outlined in Regulation .28 of this chapter, shall be located within the State.

C. A child shall be placed in the least restrictive setting appropriate to the child's needs and:

(1) In the local jurisdiction where the child's parent or legal guardian resides; or

(2) In another jurisdiction in the State if there is a compelling reason that it is in the best interests of the child because:

(a) The child has strong ties to:

(i) Family;

(ii) A placement resource; or

(iii) Other community resources in another jurisdiction in the State;

(b) Necessary specialized services are not available to the child in the local jurisdiction but are available in another jurisdiction in the State; or

(c) There are no placements available in the jurisdiction to meet the individualized placement needs of the child.

D. When it is necessary to place a child in another jurisdiction according to this regulation, the local department shall consider:

(1) The availability of resources to provide necessary services to the child;

(2) The accessibility to family treatment, if appropriate; and

(3) The effect on the local school system in the jurisdiction under consideration.

E. The local department shall place a child in a foster care or preadoptive home, except when the child requires extra care and supervision which cannot be provided in a foster care or pre-adoptive home.

F. A child shall be placed with other siblings in an out-of-home placement if it is in the best interests of the siblings to be placed together and placement of the siblings together does not conflict with a specific health or safety regulation.

G. If placement of the siblings together conflicts with a specific health or safety regulation, the local department may place the siblings together if the local department has made a written finding describing how placement of the siblings together serves the best interests of the siblings.

H. If the siblings are not placed together, the caseworker shall document in the record the reasons the siblings are placed apart, and include whether such a joint placement would be contrary to the safety or well-being of any of the siblings.

I. Any residential child care facility used by the local department shall meet the requirements for licensure for the facilities established in COMAR 14.31.05.

J. The local department shall notify the court, and all parties, whenever moving a child from one placement to another. If the child is moved from a court-ordered placement, the local department shall notify the court, all parties, and counsel before the move, or, if not possible, immediately after the move.

K. The local department shall, at the time of placement, make every effort to arrange a relative placement or foster home capable of meeting the child's needs on a long-term basis when the local department has reason to believe that the permanency plan for the child will be adoption or APPLA as defined in Regulation .03 of this chapter.

L. The local department shall make every effort to minimize the number of placements a child has during an episode of out-of-home care.

Md. Code Regs. 07.02.11.11

Regulation .11C amended effective July 1, 1985 (12:13 Md. R. 1278)
Regulations .11 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 .11 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)
Regulation .11H amended effective February 6, 2012 (39:2 Md. R. 140)