Md. Code Regs. 07.02.25.16

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

Section 07.02.25.16 - Complaints Regarding Abuse or Neglect, or Both, in Approved Resource Homes

A. Initial Action.

(1) If a resource home or foster care worker observes that a child placed in a resource home is in serious and immediate danger, the worker, in the best interest of the safety and protection of the child, shall immediately remove the child and make arrangements for the child's protection and care.

(2) A local department employee who receives a report or makes a personal observation of suspected abuse or neglect in a resource home shall immediately notify the child protective services unit of the local department and the worker for the child involved, or the worker's supervisor.

(3) The child's foster care worker shall notify the resource home worker and the foster care worker for any other children living in the foster home of the complaint of suspected abuse or neglect, and of any action taken in response to the complaint.

B. Investigation.

(1) The child protective services unit of a local department shall respond to the complaint of abuse or neglect as required by Family Law Article, §§ 5-701 -5-715, of the Annotated Code of Maryland, and COMAR 07.02.07. If an investigation is undertaken, the investigator may not be the foster care worker for any foster child in the resource home.

(2) The investigator, the foster care workers for all of the foster children in the resource home, and the resource home worker shall remain in close communication throughout the investigation.

C. Procedures Leading to Decision Regarding Continued Use of Resource Home Under Investigation.

(1) If an investigation of suspected abuse or neglect is undertaken, additional children may not be placed in the resource home pending the outcome of the investigation and the decision by the local department's director, or the director's designee, as to the continued use of the home.

(2) If an investigation of suspected abuse or neglect is undertaken, the local department shall undertake a complete review of the resource home to determine whether the home still meets the standards for a resource home under these regulations.

(3) If an investigation is undertaken, an appropriate local department staff member shall visit the resource home at least once a week as long as any foster children remain in the home, until a decision is rendered as to the continued use of the resource home, unless ordered otherwise by the juvenile court or agreed otherwise by the attorney for the children living in the home and the attorney for the local department.

(4) Within 5 working days after receiving the recommendation of the staff, the local department director or the director's designee shall render a written decision as to the continued use of the resource home.

(5) A copy of the director's decision shall be forwarded to the Administration and shall be placed in the resource home record and in the records of any foster children living in the home when the alleged abuse or neglect occurred.

D. Notifications.

(1) A local department shall immediately notify the resource parents that a complaint of abuse or neglect has been made about them.

(2) The identity of any alleged abuser or neglector may only be divulged to the parent of the abused or neglected child. The local department shall notify the attorneys and the parents of any foster children living in the home when the complaint was made, and the parents of the foster children involved in the suspected abuse or neglect, of the outcome of the investigation.

(3) The local department shall send a copy of the decision as to the continued use of the home to the resource parents and to the attorneys for the foster children living in the home when the complaint was made.

Md. Code Regs. 07.02.25.16