Md. Code Regs. 07.02.25.03

Current through Register Vol. 51, No. 26, December 27, 2024

Section 07.02.25.03 - Requirements for Resource Parents and Household Members

A. Applicants.

(1) An individual shall apply to become a licensed resource parent at the local department in the jurisdiction where the individual resides.

(2) A couple residing together and applying to be licensed resource parents shall each meet the requirements of this chapter.

(3) Any applicant, whether applying as a single resource parent or as part of a couple, shall be:

(a) A United States citizen or non-citizen lawfully admitted for permanent residence under the Immigration and Nationality Act; and

(b) At least 21 years old.

(4) If an applicant had a prior license, approval, or certification from another foster care or adoption agency, the local department shall obtain written confirmation from the previous agency that the applicant was in good standing.

(5) If an individual moves into a household to become part of a couple licensed to serve as resource parents, the individual shall meet all the requirements of this chapter, including meeting the preservice training requirements.

B. The local department shall have 120 days from the date the local department accepts the application to approve or deny the applicant for licensing.

C. Physical Examination for All Individuals Living in the Household.

(1) The applicant and all household members shall:

(a) Undergo an initial medical examination by a licensed health care practitioner; and

(b) Authorize the release of health information to the local department upon request.

(2) For all applicants and household members 18 years old or older, the initial examination shall include an assessment for risk of tuberculosis, and, if indicated, the result of any tuberculosis test shall be provided to the local department.

(3) If an applicant or a member of the household has symptoms or a history of physical or mental health concerns, or a condition that may be contagious or injurious to the physical or emotional health of a child in care, the local department may:

(a) Require the individual to undergo additional medical or mental health examinations as specified by the local department;

(b) Require the individual to provide written documentation from the examining health care practitioner stating that the medical or mental health condition is not likely to prevent a child in care from receiving care and attention in the home and is not communicable, or harmful to a child in care; and

(c) Deny, suspend, or revoke a resource parent license if the local department does not receive the written documentation within a reasonable amount of time from the date of the request for documentation.

(4) All applicants who intend to accept placement of a child in care under the age of 1 shall provide proof of an up-to-date pertussis vaccination for themselves and for any household member 18 years or older.

(5) An individual who joins the household shall comply with the requirements of this section.

D. Background Clearances.

(1) An applicant and any household member 18 years old or older shall apply for a State and federal fingerprint-based criminal background clearance and provide sufficient information for a local department to conduct the clearances and searches in §D(2) and (3) of this regulation.

(2) Review Clearance Results. For all applicants and household members 18 years or older, the local department shall review the results of:

(a) State and federal fingerprint based criminal background clearances;

(b) Child protective services clearances;

(c) Motor Vehicle Administration driving records;

(d) A search of the Maryland Judiciary Case Search; and

(e) A search of the Maryland and National Sex Offender registries.

(3) Out-of-State CPS Clearance. The local department shall request information from the state-maintained child abuse and neglect registry in any state in which an applicant or household member 18 years old or older has lived within the prior 5 years to determine whether that individual has been found responsible for child abuse or neglect.

(4) A local department may not license or continue to license an individual as a resource parent if that individual or any household member 18 years old or older has a felony conviction for:

(a) Child abuse or neglect;

(b) Spousal abuse;

(c) A crime against a child or children, including child pornography;

(d) A crime of violence as enumerated in the Criminal Law Article, § 14-101, Annotated Code of Maryland, including rape, sexual assault, or homicide, but not including other physical assault or battery; or

(e) Human trafficking.

(5) A local department may not license or continue to license an individual as a resource parent if that individual or any household member 18 years old or older has a felony conviction within the prior 5 years, involving:

(a) Physical assault;

(b) Battery; or

(c) Drug-related offense.

(6) Review of Charges.

(a) A local department shall review charges, investigations, other convictions, or findings related to any other crimes of any applicant or adult household member to determine their possible effect on:

(i) The safety of any child in care;

(ii) The ability of the local department to achieve its goals in providing services to any child in care; and

(iii) The applicant's ability to execute the responsibilities of a resource parent.

(b) A local department may deny, suspend, or revoke a resource parent license based on this review.

(7) Review of CPS History.

(a) If the local department receives information that reveals a pending CPS investigation, the local department may not license an applicant until the investigation is completed.

(b) The local department may not license or continue to license as a resource parent an individual if they or any household member has been indicated for child abuse or neglect, either in this state or in another state. Only a local director may grant an exception and shall do so in writing.

(c) When assessing whether to grant an exception, the local director shall make a decision that is in children's best interest taking into account the following:

(i) The nature and severity of the maltreatment that resulted in the finding;

(ii) The number of indicated findings;

(iii) Any factors that might indicate that the maltreatment was a one-time incident including the circumstances surrounding the maltreatment and the number of years that have passed since the maltreatment; and

(iv) Any evidence that the applicant or household member has changed since the most recent maltreatment.

(8) After a local department licenses a resource home, if an individual 18 years old or older joins the household, or if any household member becomes 18, the local department shall review for those individuals the results of the following clearances:

(a) State and federal fingerprint based criminal background clearances;

(b) In-State, and if applicable, out-of-State, child protective services clearances

(c) Motor Vehicle Administration driving records;

(d) Maryland Judiciary Case Search; and

(e) Maryland and National Sex Offender registries.

E. Child Support Clearance. For applicants only, the local department shall review the result of a child support clearance.

(1) If the applicant has a child support arrearage, the local department shall:

(a) Provide the applicant with the opportunity to correct the arrearage; and

(b) Inform the applicant that they may either pay the arrearage in full or make payment arrangements with the Child Support Administration that are acceptable to the local department.

(2) The local department may deny the application if the applicant cannot, within the 120-day application process, make:

(a) Full payment; or

(b) Enter into a payment agreement.

F. Financial Stability of Resource Parents.

(1) A resource parent shall have sufficient income and financial stability to provide reasonable living conditions for their family group without depending on the monthly care stipend.

(2) Except when a resource parent is participating in a DHS-sponsored program in which a stipend is provided to allow one or more parents to operate without external income resources, a resource parent shall have income or resources to make timely payments for shelter, food, utilities, clothing, and other household expenses prior to the addition of a child in care.

(3) If a resource parent receives government assistance, the local department may not disqualify the resource parent solely on this basis.

G. Transportation. A resource parent shall ensure that the child in care has legal and safe transportation to and from:

(1) Medical, mental health, and dental appointments;

(2) School;

(3) Social events;

(4) Employment;

(5) Visits or activities with family and friends; and

(6) Events scheduled by the local department.

H. Plans for Child Care and Alternative Supervision.

(1) If a resource parent requires child care services for a child in care while the resource parent is employed or in school:

(a) The resource parent shall discuss the child care plan with the local department and obtain local department approval for the plan; and

(b) The child care provider shall be certified by the Maryland State Department of Education Office of Child Care or approved by another agency that provides child care services consistent with the licensing standards of the Maryland Department of Education Office of Child Care, unless the local department approves a plan for informal child care.

(2) Nothing in this section precludes a resource parent from arranging appropriate child care on an occasional basis for a child in care.

Md. Code Regs. 07.02.25.03

Regulations .03 adopted effective 51:24 Md. R. 1075-1130, eff. 12/12/2024.