Md. Code Regs. 07.02.11.15

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

Section 07.02.11.15 - Service Agreements

A. As appropriate to each case, the local department shall develop a written service agreement:

(1) With the child's parents or legal guardian, within 60 days of removal if the plan is to return the child to the parents or legal guardian;

(2) With the parents or legal guardian within 30 days before the planned reunification; and

(3) For the child 16 years old and older, with the child, the parents or legal guardian, and, where appropriate, the foster parents or representative payee.

B. When the permanency plan is reunification, the caseworker shall inform the parents or legal guardian, verbally and in writing, that:

(1) Their cooperation in developing the service agreement and in fulfilling the terms of the agreement is imperative;

(2) A concurrent permanency plan will be implemented in accordance with State and federal laws; and

(3) A court which is considering whether to terminate parental rights will consider the extent to which all parties have fulfilled their obligations under a service agreement.

C. If the parents or legal guardian refuse to meet with the caseworker to develop an agreement, or cannot reach an agreement concerning reunification efforts, the caseworker shall notify:

(1) The parents and the parents' attorney, or the legal guardian and the legal guardian's attorney, and the child's attorney in writing that the permanency plan of reunification shall be changed; and

(2) All parties of the new permanency plan within 30 days after the first notice is sent.

D. The service agreement shall state what must be done, when, and by whom to:

(1) Overcome problems so that the child may safely return home; or

(2) Assist the child 14 years or older in preparing for the transition from out-of-home placement to independent living.

E. At a minimum, all service agreements shall include:

(1) A statement of the goals and intent of the agreement;

(2) A statement of the circumstances which made out-of-home placement necessary;

(3) A statement or list of the problems or barriers that shall be overcome to achieve the goals of the agreement;

(4) A list of the services and supports that the caseworker and the local department shall provide to assist the parents or legal guardian and the child, as appropriate to the case plan, as well as the time frames in which these services will be provided;

(5) A list of the responsibilities and tasks that the parents or legal guardianand child shall undertake and accomplish, as appropriate to the case plan, and the time frames in which each task shall be completed;

(6) A visitation plan that:

(a) Supports the continuity of the relationship among the child, parents or legal guardian, and siblings,

(b) Describes the place and frequency of visits,

(c) Identifies the participants in the visits, and

(d) Protects the child's safety;

(7) A description of the place and frequency of meetings between the caseworker and the parents or legal guardian, foster parents, or other provider and the child;

(8) A statement that the overall progress of the child, and the progress of the parent or legal guardian, and the youth, when applicable, toward completing the tasks will be reviewed during scheduled meetings between the caseworker and the parents or legal guardian, foster parents, or other provider and child;

(9) A statement that the terms of the agreement may be modified by consent of the parties to the agreement;

(10) The length of time that the agreement is to be in effect, not to exceed the date of the next periodic review as described in Regulation .19 of this chapter;

(11) A statement of the possible actions to be taken by the local department if the terms of the agreement are not met;

(12) The signatures of all parties to the agreement and, in situations where the parties are unavailable or unwilling to sign, the caseworker's signature noting the reason why the parties to the service agreement did not sign; and

(13) The date or dates the agreement is signed.

F. The local department shall give a copy of the agreement to all parties, and, upon request, to the attorneys for the parties and shall file a copy in the case record.

G. At least once a month, the local department caseworker shall discuss with the parties their progress towards fulfilling the terms of the service agreement.

H. The service agreement may be renegotiated at any time that the parties agree that a change is needed.

I. Any lack of progress by the parents, legal guardian, or youth in fulfilling the terms of the service agreement shall be discussed with the parties and documented in the case record.

J. A youth who fails to comply with the terms of the service agreement may lose his semi-independent living subsidy and any other privilege that is a part of the independent living plan. Any notification to the youth regarding the youth's lack of progress or termination shall be sent to the youth and the youth's attorney.

Md. Code Regs. 07.02.11.15

Regulations .15 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 .15 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 .15 amended effective February 6, 2012 (39:2 Md. R. 140)