Md. Code Regs. 10.02.02.01

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

Section 10.02.02.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Abandonment" means wrongful and continuous absence by a:

(a) Spouse from the home for a period of 18 months or longer, immediately before the recipient of services' hospitalization; or

(b) Parent coupled with failure to support a child, or children, for a period of 18 months or more during the child's or children's minority.

(2) "Abuse" or "physical abuse" means:

(a) The sustaining of physical injury;

(b) Cruel or inhumane treatment;

(c) A malicious act or treatment; or

(d) Harm, or threatened harm, to the health or welfare of the individual.

(3) "Crime of violence" means:

(a) Abduction;

(b) Arson;

(c) Burglary;

(d) Daytime housebreaking;

(e) Kidnapping;

(f) Manslaughter, except involuntary manslaughter;

(g) Assault in the first degree;

(h) Murder;

(i) Rape;

(j) Robbery;

(k) Robbery with a deadly weapon;

(l) Sexual offense in the first degree;

(m) Sexual offense in the second degree;

(n) Use of a handgun in the commission of a felony or other crime of violence;

(o) An attempt to commit any one of the following offenses:

(i) Assault with intent to murder;

(ii) Assault with intent to rape;

(iii) Assault with intent to rob;

(iv) Assault with intent to commit a sexual offense in the first degree; and

(v) Assault with intent to commit a sexual offense in the second degree.

(4) "Minority" means the period of time when a child is 17 years old or younger.

(5) "Recipient of services":

(a) Means an individual who receives care, maintenance, treatment, or support in a facility or program that is operated or funded wholly or partly by the Department;

(b) Includes, but is not limited to, an individual in a:

(i) Public facility under the Maryland Mental Hygiene Law, Health-General Article, Title 10, Annotated Code of Maryland;

(ii) Facility or Veteran's Administration hospital for comprehensive evaluation under Health-General Article, Title 7, Annotated Code of Maryland;

(iii) Residential, public facility, or a facility from which the State obtains residential care under the Maryland Developmental Disabilities Law, Health-General Article, Title 7, Annotated Code of Maryland; and

(iv) Facility operated by the Office of Chronic and Rehabilitation Facilities.

(6) "Responsible relative" means the:

(a) Spouse of a recipient of services;

(b) Parents of a recipient of services who is a minor; and

(c) Children of a recipient of services.

(7) "Sexual abuse":

(a) Means an act that involves sexual molestation or exploitation of a person by another person;

(b) Includes, but is not limited to:

(i) Incest, rape, or sexual offenses in any degree,

(ii) Sodomy, and

(iii) Unnatural or perverted sexual practices.

Md. Code Regs. 10.02.02.01

Regulations .01 amended effective May 5, 1986 (13:9 Md. R. 1028)
Regulations .01 under a new chapter, Abandonment or Abuse of Responsible Relatives by Recipients of Care, adopted effective June 27, 1988 (15:13 Md. R. 1552)
Regulation .01 amended effective January 17, 2005 (32:1 Md. R. 27)