Md. Code Regs. 07.02.25.05

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

Section 07.02.25.05 - Limitations on Resource Homes

A. Restrictions. A local department may not permit a resource parent it licenses to:

(1) Provide child care unless registered with the Maryland State Department of Education as a child care provider;

(2) Be approved to provide child or adult care by more than one agency unless the local director or designee gives approval in writing;

(3) Be licensed as both a child placement and an adult placement resource unless the Administration gives the resource parent written approval for the express purpose of allowing a child in care to transition to the care of the Maryland Developmental Disabilities Administration in the Maryland Department of Health;

(4) Be licensed by a private and public child placement agency concurrently;

(5) Independently accept a child for care from an individual or agency other than the agency that licensed the resource parent;

(6) Provide housing and care except to a child of a relative or friend on a temporary basis, and this child shall be counted as the resource parent's own child in the count of the children in the home;

(7) Care for an adult who has special medical or mental health needs unless the local department evaluates the situation and determines that this care does not interfere with the care of the child in care;

(8) Except as provided for in § B of this regulation, care for more than six children in the resource home, including those of the resource parent;

(9) Care for more than two children under the age of 2, including the resource parent's own children, unless approved by the local department.

B. Exception. The local department may permit a resource parent to care for up to eight children, including the resource parent's children:

(1) When necessary to keep a sibling group together;

(2) In the case of an emergency placement of up to 90 days; or

(3) In appropriate circumstances, if the local director or designee has given written approval.

C. Resource parent licensed as a child care provider. When a resource parent is licensed to provide child care, the resource parent:

(1) May not exceed the child capacity number stated on the certificate of registration issued by the Maryland State Department of Education Office of Child Care;

(2) Shall follow the age and child-to-adult ratio requirements outlined by the Maryland State Department of Education Office of Child Care; and

(3) Shall provide a signed copy of the dual license agreement between the resource parent, the Maryland State Department of Education Office of Child Care, and the local department.

D. Education.

(1) Homeschooling. A resource parent:

(a) May not homeschool a child in care without court approval;

(b) Shall utilize a homeschool program approved by Maryland State Department of Education; and

(c) Shall provide homeschool progress reports at a frequency established by the local department or the court.

(2) Private or Parochial Schooling.

(a) A resource parent shall get approval from the local department or the child in care's parents or legal guardians before enrolling a child in care in a private or parochial school, unless otherwise ordered by the court.

(b) If a local department or the child in care's parents or guardians approve a child in care's enrollment in a private or parochial school, the local department:

(i) May not pay any costs for tuition, books, or any other costs associated with a child in care enrolled in an accredited private or parochial school; and

(ii) May not supplement the monthly care stipend to pay these costs.

(3) Enrollment. When a child who enters care is already enrolled in an accredited private or parochial school, the resource parent shall enroll the child in care in a public school unless the resource parent, with the permission of the local department or the child in care's parents or legal guardians, assumes financial responsibility for the child in care's continued enrollment in the private or parochial school or the parents or legal guardians continue to financially provide for the education.

Md. Code Regs. 07.02.25.05

Regulations .05 adopted effective 51:24 Md. R. 1075-1130, eff. 12/12/2024.