Md. Code Regs. 10.21.07.09

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.21.07.09 - Eligibility, Application, and Admission

A. Eligibility.

(1) A child is eligible for admission to a TGH if:

(a) The child:

(i) Has a mental disorder,

(ii) Is or should be receiving treatment for the mental disorder,

(iii) Because of the mental disorder, requires residential services not available in the home,

(iv) Needs 24-hour supervision in a structured private group home,

(v) Has the ability to understand and states, in writing, a willingness to comply with the rules and regulations of the TGH, and

(vi) Has the ability to act appropriately under emergency conditions; and

(b) There is no less restrictive form of treatment that is consistent with the welfare and safety of the child.

(2) A TGH may not admit or retain as a resident a child if the child:

(a) Has a primary diagnosis of alcoholism, drug addiction, or severe brain damage;

(b) Shows current violent or antisocial behavior; or

(c) Has cognitive deficits that severely limit the child's ability to benefit from the treatment modalities provided.

B. Application for Admission. An applicant to a TGH shall use an application form which outlines the following requirements:

(1) Identifying data, including but not limited to:

(a) Name, date of birth, sex, legal domicile, and current residence of the child,

(b) Names, addresses, and telephone numbers of persons or agencies having legal care or custody of the child, and

(c) Documentation of the child's custody status, including, if relevant, documentation of agreements regarding responsiblitiy for financial support and health care;

(2) Authorization to release information signed by the child's parent or guardian;

(3) Based on clinical evaluation by an individual authorized, under Health Occupations Article, Annotated Code of Maryland, to formulate a psychiatric diagnosis, a statement including:

(a) The psychiatric diagnosis and the rationale for the diagnosis,

(b) An explanation of why the child would benefit from the treatment and related services provided in and by a TGH,

(c) The treatment goals for the child, if TGH placement occurs, and

(d) Documentation that the child meets the eligibility criteria outlined in §A of this regulation;

(4) A recent history of the child's:

(a) Mental health treatment, including relevant psychiatric and psychological evaluations,

(b) Family status,

(c) Education, including documentation of a handicapping condition, if any, and

(d) Involvement, if any, with community agencies;

(5) Relevant medical records; and

(6) Unless the child has a guardian that is a State agency, a written and signed statement that, at the time of application for admission, the child's parent or guardian:

(a) Agrees to the placement,

(b) Agrees to the rules and regulations of the TGH, and

(c) Enters into an agreement regarding the responsibility for payment for the child's medical and mental health care.

C. Admissions Procedures.

(1) An applicant for admission of a child to a TGH shall:

(a) Submit an application for admission, as described in §B of this regulation, to the TGH chief executive officer; and

(b) Forward copies of the application to the Administration and the CSA, if the jurisdiction in which the child's parent or guardian resides is served by a CSA.

(2) On receipt of an application for admission to the TGH, the TGH chief executive officer, in collaboration with appropriate TGH mental health professional staff, may conduct a pre-admission interview with:

(a) The applicant for admission to a TGH;

(b) If other than the applicant, the:

(i) Child,

(ii) Child's parent or guardian, or

(iii) Referring agency; and

(c) As appropriate, past or current providers of the following services:

(i) Educational,

(ii) Social, and

(iii) Mental health treatment.

(3) Within 2 weeks of receipt of an application for admission, the TGH chief executive officer shall:

(a) In consultation with clinical and residential staff at the TGH and based on the eligibility criteria outlined under §A of this regulation, determine whether the TGH is the appropriate setting for the child;

(b) Notify the applicant of the determination;

(c) If the determination is that the TGH is not appropriate for the child, notify the applicant of:

(i) The reason for the determination, and

(ii) A recommendation regarding the appropriate level of care; and

(d) Notify the appropriate CSA director and the Administration of the determination.

(4) If the TGH chief executive officer approves the application for admission, the chief executive officer shall give to the applicant written notice of:

(a) If a bed is available, the date of admission to the TGH; or

(b) If a bed is not available within the following 21 days:

(i) The child's position on the TGH's waiting list,

(ii) The process for reviewing the child's waiting list status, and

(iii) Information about appropriate placement alternatives.

Md. Code Regs. 10.21.07.09

Regulation .09A amended effective February 15, 1993 (20:3 Md. R. 259)
Regulations .09 adopted effective November 27, 2000 (27:23 Md. R. 2147)