Md. Code Regs. 07.02.11.23

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

Section 07.02.11.23 - Procedures to be Followed when Abuse or Neglect is Suspected in an Out-of-Home Foster Care Placement

A. Initial Action.

(1) The public or private child placement agency employee who receives a report, or makes a personal observation, of suspected abuse or neglect in an out-of-home foster care placement shall immediately:

(a) Notify the following unit and staff of the local department in the jurisdiction in which the incident occurred:

(i) Child welfare screening unit;

(ii) The out-of-home placement caseworker or supervisor for each child in placement; and

(iii) If applicable, the foster home caseworker or supervisor; and

(b) Assess the level of safety for each child, and, if the child is not safe, remove the child and arrange for the child's protection and care.

(2) Within 5 working days, the local department shall provide notice of the report of suspected child abuse or neglect, and of the action taken in response to the report, to the:

(a) Administration;

(b) Child's parents or legal guardian, unless:

(i) The child sustained an injury in which case notification must be made within 24 hours of the report; or

(ii) Notification to the parents or legal guardian is contrary to the child's best interest;

(c) Child's attorney;

(d) Caseworkers for other children living in the out-of-home foster care placement;

(e) Parties permitted by State law to receive notification upon request; and

(f) Department's Office of Licensing and Monitoring if the child resides in a:

(i) Private agency foster home;

(ii) Group home, including a shelter; or

(iii) Residential treatment program.

B. Investigation.

(1) The local department's child welfare screening unit shall respond to the complaint of abuse or neglect as required by Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland, and COMAR 07.02.07, except that the investigator may not be the caseworker for any child in the out-of-home foster care placement.

(2) Additional children may not be placed in the home pending the outcome of the investigation and the decision by the local department director or designee as to the continued use of the home.

(3) The local department shall complete a preliminary reassessment of the home within 2 working days of the complaint to determine whether the home still meets the standards for a foster home pursuant to COMAR 07.02.25 or 07.05.02.

(4) If foster children remain in the home, the appropriate local department staff shall visit the foster home weekly until the local department director or designee renders a written decision as to the continued use of the home.

(5) The investigator, the caseworkers for the children in the out-of-home placement, and the foster home worker shall remain in close communication throughout the investigation.

C. Review of a Critical Incident in a Foster Home.

(1) Not later than 2 working days after the incident is reported, the local department shall, according to the Administration's Critical Incident Protocol, conduct a case conference which shall include the:

(a) Child protective services caseworker;

(b) Out-of-home placement caseworker and supervisor; and

(c) Foster home and private agency caseworker, if applicable.

(2) After considering the information provided, the case staffing team shall produce recommendations regarding continued use of the foster home for the local department director or designee.

(3) Within 5 working days of receiving the recommendations, the local department director or designee shall render a written decision.

(4) A copy of the local department director or designee's decision shall be placed in the foster home record and the child's record.

D. Notification of Foster Home Disposition. Within 5 working days of the staffing review, the local department shall mail a copy of the local department director or designee's written decision to the:

(1) Foster parent;

(2) Administration;

(3) Private child placement agency, if applicable;

(4) Child's attorney; and

(5) Parties permitted by State law to receive notification upon request.

E. Notification of Investigation Disposition. Upon receipt of the disposition report for the investigation, the local department shall:

(1) Notify the:

(a) Foster parent;

(b) Child's parents, unless notification is contrary to the child's best interest;

(c) Child's attorney; and

(d) Parties permitted by State law to receive notification upon request; and

(2) Place a copy of the letters of notification in the child's record.

Md. Code Regs. 07.02.11.23

Regulations .23 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)