Md. Code Regs. 07.02.25.18

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

Section 07.02.25.18 - Resource Home Closure, Suspension, and Revocation

A. Closure of a Resource Home.

(1) A local department may close a resource home for one or more of the following reasons:

(a) The local department has not placed any children in the resource home in the previous 2 years; or

(b) The characteristics of the children the resource parent is willing to accept for care in the resource home are not consistent with the characteristics of the children in care or entering care.

(2) The local department shall give a resource parent 30 days written notice that includes the intended action to close the home and the resource parent's right to appeal the local department's decision.

B. Suspension.

(1) After receiving a complaint indicating possible violations of the resource home regulations, a local department shall assess to determine compliance with applicable regulations and discuss the possible violations with the resource parent.

(2) A local department may suspend a resource parent license for a period not exceeding 60 days for a violation of these regulations.

(3) Except in situations that permit an emergency suspension, the local department shall provide 20 days advance notice of a suspension and send the resource parent:

(a) Notice that includes the intended action;

(b) A statement of the grounds and specific regulations violated; and

(c) A statement describing the resource parent's right to appeal the decision of the local department.

(4) When a resource parent license is suspended, the local department may not place any new children in care in the resource home.

(a) Children in care may remain in the home only if:

(i) The suspension was caused by a violation of these regulations that does not threaten the health and safety of the children in care:

(ii) The local department agrees that the reason for the suspension can be corrected within 60 days from the date of the suspension; or

(iii) The resource parent files an appeal within 20 days of the local department's notice.

(b) If the resource parent does not correct the reason for the suspension, the local department shall remove the children from the home within 60 days of the date of suspension.

(5) The local department shall restore the resource parent's license status or revoke the license by the end of the suspension period.

C. Revocation.

(1) The local department may revoke a license for any violation of these regulations.

(2) Except in situations that permit an emergency revocation the local department shall provide 20 days advance notice of a revocation.

(a) The local department shall send the resource parents;

(i) Notice that includes the intended action;

(ii) A statement of the grounds and specific regulations violated; and

(iii) A statement describing the resource parent's right to appeal the decision of the local department.

(3) If the resource parents do not appeal an intended revocation within 20 days, the local department shall immediately remove the children from the home.

D. Emergency Suspension or Revocation.

(1) If the local department finds evidence of gross incompetence or gross misconduct in the resource home or other action or condition that poses an immediate threat to the children's health and safety, the local department shall, without giving 20 days notice, suspend or revoke the resource parent license.

(2) The local department shall send the resource parents;

(a) Notice that includes the intended emergency revocation or suspension;

(b) A statement of the grounds and specific regulations violated; and

(c) A statement about the resource parent's right to appeal the local department's decision.

(3) If the local department decides to issue a notice of an emergency revocation or suspension, the local department shall immediately remove the children.

(4) Once suspended or revoked on an emergency basis, the local department shall not restore the resource parent's license unless:

(a) The resource parent has received a favorable appeal hearing decision; or

(b) The local director has given written approval for the reinstatement.

Md. Code Regs. 07.02.25.18

Regulations .18 adopted effective 51:24 Md. R. 1075-1130, eff. 12/12/2024.