Md. Code Regs. 07.05.02.15

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.05.02.15 - Agency Services to the Child Before Placement in Foster Care

A. Assessment of the Child.

(1) Within 60 days of referral or application of a child for placement, the agency shall write a report after assessing the child's needs. The assessment report shall include the:

(a) Identification of the specific needs of the child which justify consideration of referral and placement of the child;

(b) Parent's strengths and weaknesses;

(c) Involvement of the child's parents and significant others in the child's current care;

(d) Available resources, including the parent's financial ability to support the child in care;

(e) Social and medical history of the child;

(f) Child's legal status; and

(g) Initial case plan.

(2) Acceptance of a Child for Placement.

(a) The agency may not accept a child for service whose needs exceed the services provided by or available to the agency.

(b) When the agency refuses acceptance of a child, it shall provide a written statement of the reasons for the refusal to the referral source or individual.

(c) Before accepting a child for placement, the agency shall secure from the parents, legal custodian, or court, the written authority to:

(i) Place the child; and

(ii) Provide routine or emergency medical care.

(d) Before accepting a child for placement, the agency shall document that the legal rights and obligations retained by the parents and those delegated to the agency were: :

(i) Explained to the parents orally and in writing;

(ii) In clear and simple language; and

(iii) Provided in the parent's own language if they do not understand English.

(e) If the child is in the custody of a local department or the Department of Juvenile Services, the agency may not accept the child for placement if the agency does not have on file the following documents for the child:

(i) Medical passport and medical history or other medical information;

(ii) Educational history;

(iii) Psychosocial history; and

(iv) When appropriate, psychiatric or psychological evaluation.

B. Services to the Parents. The agency shall:

(1) Provide prenatal and postnatal counseling to an expectant parent considering placement;

(2) Make every reasonable effort to help the parent assume a parental role when reunification is the permanency planning goal;

(3) Help the parent gain access to the services necessary to accomplish case plan goals;

(4) While the child is in foster care, assist the parent with any problems that brought about the need for placement;

(5) Encourage contacts between the parent and the child in foster care, in accordance with the case plan; and

(6) Offer the parent a signed agreement which includes the respective responsibilities of agency and parent for meeting case plan goals.

C. Selection of Care for the Child. The agency shall:

(1) Select the type of care for the child consistent with the child's needs;

(2) Document the need to place a child with a foster parent who lives out of a 2-hour commute radius from the agency and the child's parents that includes:

(a) Plans to maintain child and parent contact, and

(b) Payment of transportation costs;

(3) Except when there are contraindicating reasons stated in the case plan, place siblings together when possible;

(4) Provide:

(a) Needed specialized services for the child,

(b) The least restrictive setting closest to the child's parent Commensurate with the child's needs, and

(c) Consideration of the parent's preference.

D. Preplacement Preparation. The agency child placement worker shall:

(1) Except when prevented by the demands of an emergency placement, meet with the child and parent before the placement;

(2) Help the child, according to the child's age and capability, understand the reasons for placement;

(3) Prepare the child emotionally for placement;

(4) Assure that the child's clothing and other personal belongings are prepared for the child's move;

(5) Except when placing under emergency conditions, plan and participate with the child in at least one visit to the foster care home before placement;

(6) Be available to the child, the parent, and the foster parent for supportive services;

(7) Obtain and maintain in the case record the child's developmental history;

(8) If the child is in the custody of the local department or the Department of Juvenile Services:

(a) At least once every 3 months, schedule staffings with the child's worker and any other professionals who may impact on the foster child's care;

(b) Every 6 months, provide the child's worker a written report which describes the child's progress toward achieving the case plan; and

(c) Arrange a visit with the child for the local department or the Department of Juvenile Services worker:

(i) 1 week after placement, and every month following placement, or

(ii) In a time frame suggested by the local department or the Department of Juvenile Services worker.

E. Emergency Placement.

(1) A child may be placed on an emergency basis with a certified foster parent approved in writing by the agency for emergency placements.

(2) Approved emergency certified foster parents shall:

(a) Be willing to accept foster children on an emergency basis;

(b) Be aware of the risks and problems of emergency foster care;

(c) Provide foster care for a child at least until a permanent plan for the foster child's care is developed, within 30 days from the date of the emergency placement; and

(d) Follow all requirements for foster parent certification contained in Regulations .04-.12 of this chapter.

(3) The agency may not maintain the child in foster care unless the referring agency, within 20 days of an emergency placement, provides the following:

(a) Medical passport and medical history or other required medical documentation;

(b) Educational history;

(c) Psychosocial history;

(d) Child's permanent plan; and

(e) When appropriate, psychiatric evaluation.

Md. Code Regs. 07.05.02.15

Regulation .15A, D amended effective 40:19 Md. R. 1543, eff.9/30/2013