Md. Code, Human Services, Title 8

Md. Code, Human Services, Title 8
in effect

Md. Code, Human Services § 8-101

(a) In this title the following words have the meanings indicated. (b) “Agencies of the Children’s Cabinet” includes: (1) the Department of Budget and Management; (2) the Department of Disabilities; (3) the Maryland Department of Health; (4) the Department of Housing and Community Development; (5) the Department of Human Services; (6) the Department of Juvenile Services; (7) the Maryland Department of Labor; (8) the Department of Service and Civic Innovation; (9) the State Department of Education; (10) the Higher Education Commission; and (11) the Governor’s Office for Children. (c) (1) “Child in need of out–of–state placement” means a child who is recommended by a public agency for out–of–home placement outside of the State. (2) “Child in need of out–of–state placement” does not include a child: (i) placed in foster care, as defined in § 5–501 of the Family Law Article; or (ii) who is in a hospital for 30 continuous days or less. (d) “Child with intensive needs” means a child who has behavioral, educational, developmental, or mental health needs that cannot be met through available public agency resources because: (1) the child’s needs exceed the resources of a single public agency; or (2) there is no legally mandated funding source to meet the child’s needs. (e) “Core service agency” has the meaning stated in § 7.5–101 of the Health – General Article. (f) “Council” means the State Coordinating Council for Children. (g) “Evidence–based” means meeting the criteria for an evidence–based early childhood home visiting service delivery model as defined by the federal Department of Health and Human Services. (h) (1) “Family” means an eligible child’s natural, adoptive, or foster parents. (2) “Family” includes: (i) a guardian; (ii) a person acting as a parent of a child; and (iii) a relative or stepparent with whom a child lives. (i) (1) “Home visiting program” means a program or initiative that: (i) contains home visiting as a primary service delivery strategy; (ii) offers services on a voluntary basis to pregnant women, expectant fathers, and parents and caregivers of children from birth to kindergarten entry; and (iii) targets participant outcomes that may include: 1. improved maternal and child health; 2. prevention of child injuries, child abuse or maltreatment, and reduction of emergency department visits; 3. improvements in school readiness and achievement; 4. reduction in crime or domestic violence; 5. improvements in family economic self–sufficiency; 6. improvements in the coordination of and referrals to other community resources and supports; or 7. improvements in parenting skills related to child development. (2) “Home visiting program” includes those program models identified in the Home Visiting Evidence of Effectiveness project of the federal Department of Health and Human Services. (3) “Home visiting program” does not include: (i) programs with few or infrequent visits; (ii) programs in which home visiting is supplemental to other services; or (iii) in–home services delivered through provisions of an individualized family service plan or an individualized education program under Part C or Part B of the federal Individuals with Disabilities Education Act. (j) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. (k) “Local behavioral health authority” has the meaning stated in § 7.5–101 of the Health – General Article. (l) “Local management board” means an entity established or designated by a county under Subtitle 3 of this title to ensure the implementation of a local, interagency service delivery system for children, youth, and families. (m) “Office” means the Governor’s Office for Children. (n) “Promising” means a home visiting program or practice that: (1) does not yet meet the standard for evidence–based practices; and (2) meets the criteria of a promising approach as defined by the federal Department of Health and Human Services. (o) “Public agency” means a State or local government unit or a quasi–governmental entity. (p) (1) “Residential child care program” means an entity that provides 24–hour per day care for children within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities. (2) “Residential child care program” includes a program: (i) licensed by: 1. the Maryland Department of Health; 2. the Department of Human Services; or 3. the Department of Juvenile Services; and (ii) that is subject to the licensing regulations of the members of the Children’s Cabinet governing the operations of residential child care programs. (q) “Special Secretary” means the Special Secretary of the Governor’s Office for Children.

Md. Code, Human Services § 8-102

(a) It is the policy of the State to promote a stable, safe, and healthy environment for children and families that provides access to necessary services and supports in the least restrictive, most appropriate, and most effective environment possible, thereby increasing self–sufficiency and family preservation. (b) This policy shall be achieved through a comprehensive and coordinated interagency approach that: (1) is family–driven, child–guided, home– and community–based, culturally and linguistically competent, individualized, and effective; (2) provides a continuum of care, opportunities, and supports that emphasize prevention, early intervention, and community–based services, as well as natural supports; (3) gives priority to children and families most at risk; and (4) engages and empowers families and children so that, to the extent possible, they will be well–represented in every facet of the child–family serving system and partners in their own care planning.

Md. Code, Human Services § 8-103

(a) The Children’s Cabinet shall meet not less than four times a year in open session to discuss matters related to State needs for children, youth, and families. (b) The Special Secretary shall chair the Children’s Cabinet. (c) The Office shall staff the Children’s Cabinet. (d) On or before December 1, 2024, and each December 1 thereafter, the Children’s Cabinet shall submit a report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the Children’s Cabinet meetings in the prior year and activities planned in the upcoming year.

Md. Code, Human Services § 8-104

(a) (1) On or before October 1, 2025, the Office shall submit a report on neighborhood indicators of poverty to the General Assembly, in accordance with § 2–1257 of the State Government Article, the Accountability and Implementation Board, and the Department of Education. (2) The report required under this subsection shall include an analysis of different methods used to calculate indicators of poverty in order to determine: (i) eligibility for the compensatory education program under § 5–222 of the Education Article, including the data necessary to implement each methodology; and (ii) eligibility under the Concentration of Poverty School Grant Program under § 5–223 of the Education Article, including the data necessary to implement each methodology. (3) In completing the report required under this subsection, the Office shall: (i) evaluate the American Community Survey data available across geographic areas in the Small Income and Poverty Estimates Program to provide school district poverty estimates; (ii) evaluate the Area Deprivation Index developed by the University of Wisconsin–Madison to rank neighborhoods by socioeconomic status disadvantage; (iii) analyze how other states approach measuring poverty; (iv) analyze how other states calculate eligibility for state programs for school districts that participate in the federal Community Eligibility Provision; and (v) consult with each local school system for input. (4) Any State agency, including the Department of Education and the Maryland Longitudinal Data System Center, shall share any data needed by the Office to complete the report required under this subsection. (b) (1) On or before December 1, 2025, the Accountability and Implementation Board, in consultation with the Department of Legislative Services and the Department of Budget and Management, shall submit a methodological recommendation, based on the Office’s report required under subsection (a) of this section, in accordance with § 2–1257 of the State Government Article, to the General Assembly. (2) The recommendation submitted under this subsection shall include whether there should be an updated methodology for calculating eligibility for compensatory grants under § 5–222 of the Education Article, and if so, an updated methodology for calculating the compensatory education formula under § 5–222 of the Education Article.

Md. Code, Human Services § 8-105

(a) (1) There is a Governor’s Office for Children. (2) The Office is a separate unit within the Executive Department. (b) The purpose of the Office is to provide a coordinated, comprehensive, interagency approach to promoting the well–being of children and families through a network of supports, programs, and services that are family and child–oriented and reducing the number of children living in poverty. (c) The Governor may provide for the structure, duties, and responsibilities of the Office by executive order. (d) For each of fiscal years 2027 through 2030, the Governor shall include in the annual budget bill an appropriation of $250,000 to the Governor’s Office for Children to provide grants to fund operating expenses of the Boys and Girls Clubs of Maryland.

Md. Code, Human Services § 8-106

(a) There is a Children’s Cabinet administered by the Governor’s Office for Children. (b) The purpose of the Children’s Cabinet is to promote the vision of the State for a stable, safe, and healthy environment for children and families. (c) The head of the Governor’s Office for Children shall serve as the Chair and be responsible for the administration and operations of the Children’s Cabinet. (d) The Governor may provide for the structure, duties, and responsibilities of the Children’s Cabinet by executive order.

Md. Code, Human Services § 8-202

The purpose of the Advisory Council is to make recommendations to the Children’s Cabinet on: (1) methods for meeting the policy and program goals of the State for integrated children and family programs; (2) coordinating State programs with programs operated by local governments, local management boards, and private groups; (3) building capacity to serve youths in their communities and at home; (4) reducing reliance on institutions as the primary mode of intervention for at-risk youth offenders; (5) promoting positive outcomes for youths; (6) funding practices that prevent juvenile crimes and delinquency; and (7) reducing disproportionate minority confinement.

Md. Code, Human Services § 8-301

(a) Each county shall establish and maintain a local management board to ensure the implementation of a local interagency service delivery system for children, youth, and families. (b) A county may designate as the local management board: (1) a quasi-public nonprofit corporation that is not an instrumentality of the county government; or (2) a public agency that is an instrumentality of the county government.

Md. Code, Human Services § 8-302

A local management board may be composed of: (1) public and private community representatives who share the responsibility for implementing a community–based, interagency, family–focused service delivery system for children, youth, and families; (2) a senior representative or department head of the: (i) local health department; (ii) local office of the Department of Juvenile Services; (iii) core service agency or local behavioral health authority; (iv) local school system; and (v) local department of social services; (3) family members or family advocates; and (4) youth or youth advocates.

Md. Code, Human Services § 8-303

A local management board shall: (1) strengthen the decision-making capacity at the local level; (2) design and implement strategies that achieve clearly defined results for children, youth, and families as articulated in a local 5-year strategic plan for children, youth, and families; (3) maintain standards of accountability for locally agreed upon results for children, youth, and families; (4) influence the allocation of resources across systems as necessary to accomplish the desired results; (5) build local partnerships to coordinate children, youth, and family services within the county to eliminate fragmentation and duplication of services; and (6) create an effective system of services, supports, and opportunities that improve outcomes for all children, youth, and families.

Md. Code, Human Services § 8-304

The members of the Children’s Cabinet shall adopt regulations that: (1) specify the roles and responsibilities of local management boards; (2) establish minimum standards for the composition of local management boards; (3) establish fiscal and program accountability in the implementation of community partnership agreements and the use of other State resources by local management boards; (4) establish procedures to ensure the confidentiality of information shared by local management board members and employees in accordance with State and federal law; and (5) generally relate to the operation of local management boards.

Md. Code, Human Services § 8-305

On or before October 1 of each year, the Maryland Association of Local Management Board Directors shall, in accordance with § 2-1257 of the State Government Article, submit to the Senate Finance Committee, the House Committee on Ways and Means, and the Joint Committee on Children, Youth, and Families, a report summarizing, with respect to the programs implemented under § 8-505(d) of this title: (1) each local management board’s activities; (2) the amount of money spent on the programs; and (3) the effectiveness of the programs.

Md. Code, Human Services § 8-306

(a) On or before January 1, 2018, the Prince George’s County Local Management Board shall: (1) develop and implement a strategic plan to raise revenues to match the total funding provided by the Governor’s Office for Children; and (2) submit the strategic plan to: (i) the County Executive of Prince George’s County; (ii) the County Council of Prince George’s County; (iii) the Prince George’s County Senate Delegation of the General Assembly; and (iv) the Prince George’s County House Delegation of the General Assembly. (b) On or before January 1 each year, the Prince George’s County Local Management Board shall submit a report on the total revenue received in the previous fiscal year and the total revenue from each source to: (1) the County Executive of Prince George’s County; (2) the County Council of Prince George’s County; (3) the Prince George’s County Senate Delegation of the General Assembly; and (4) the Prince George’s County House Delegation of the General Assembly.

Md. Code, Human Services § 8-402

(a) The Council consists of the following members: (1) the Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee; (2) the Secretary of Juvenile Services, or the Secretary’s designee; (3) the Secretary of Health, or the Secretary’s designee; (4) the Secretary of Human Services, or the Secretary’s designee; and (5) the State Superintendent of Schools, or the Superintendent’s designee. (b) The Secretary of Budget and Management, or the Secretary’s designee, shall serve as a nonvoting ex officio Council member. (c) The Secretary of Disabilities, or the Secretary’s designee, shall serve as a nonvoting ex officio Council member. (d) The Children’s Cabinet shall designate up to three individuals to serve on the Council on a rotating basis to represent each of the following stakeholder groups: (1) family members or family advocates; and (2) youth or youth advocates.

Md. Code, Human Services § 8-403

(a) (1) The office of chair of the Council shall rotate annually among the members of the Council appointed under § 8–402(a) of this subtitle, in the order listed in that subsection. (2) The term of the chair is 1 year. (b) The Office shall provide staff support for the Council.

Md. Code, Human Services § 8-404

The Council shall address the population of children who are in out–of–state placements or are recommended for out–of–state placements, including: (1) reviewing recommendations for State funding of the individual placement of a child in need of out–of–state placement; (2) coordinating the monitoring of out–of–state residential facilities for children as required by statute; (3) tracking the types, costs, and effectiveness of services required to meet the needs of children who are recommended for out–of–state placements; (4) providing training and technical assistance to local agency and community partners; (5) making recommendations to the appropriate secretary on the development of regulations to carry out this subtitle; and (6) performing other related activities that the Children’s Cabinet identifies.

Md. Code, Human Services § 8-406

(a) Each local care team shall include: (1) at least one representative from: (i) the Department of Juvenile Services; (ii) the Developmental Disabilities Administration; (iii) the Behavioral Health Administration; (iv) if determined to be appropriate by the Behavioral Health Administration, the local core service agency or local behavioral health authority; (v) the local school system; (vi) the local health department; (vii) the local department of social services; and (viii) the local management board; (2) a parent, parent advocate, or both, appointed by the chair of the local care team in consultation with the child advocacy community; and (3) a nonvoting representative of the local office of the division of rehabilitative services to represent individuals who are 16 years old and older. (b) Each local care team shall establish the terms of its members. (c) Each local care team shall select its chair from among its members for a designated term of office. (d) Each local care team: (1) shall determine which of its members will have responsibility for its administrative functions; and (2) if two or more members will share the responsibility, shall determine the rotation of the administrative functions. (e) Subject to the availability of funds, a parent or parent advocate who is a member of a local care team may receive: (1) the compensation provided in the State or local budget; and (2) reimbursement for expenses, in accordance with the Standard State Travel Regulations.

Md. Code, Human Services § 8-407

A local care team shall: (1) be a forum for: (i) families of children with intensive needs to receive assistance with the identification of individual needs and potential resources to meet identified needs; and (ii) interagency discussions and problem solving for individual child and family needs and systemic needs; (2) refer children and families to: (i) care management entities when appropriate; and (ii) available local and community resources; (3) provide training and technical assistance to local agency and community partners; (4) identify and share resource development needs and communicate with the care management entity, local core service agencies, or local behavioral health authority, provider networks, local management boards, and other local care teams in surrounding jurisdictions; and (5) discuss a request for a voluntary placement agreement for a child with a developmental disability or a mental illness under § 5–525 of the Family Law Article.

Md. Code, Human Services § 8-408

(a) A parent or guardian of a child and the child’s attorney may attend any meeting of the Council or the local care team at which the child’s care is discussed. (b) At least 10 days before the meeting, the Council or local care team shall notify each parent or guardian of the child and the child’s attorney of the date, time, and location of any meeting the Council or the local care team plans to hold to discuss the child’s out–of–state placement. (c) The Council or the local care team shall notify each parent or guardian of the child and the child’s attorney in writing of: (1) any decision the Council or local care team makes concerning the child’s out–of–state placement; and (2) the right of the parent, guardian, or attorney to appeal a decision made by the Council or the local care team concerning the child’s out–of–state placement.

Md. Code, Human Services § 8-503

(a) The Fund: (1) consists of money appropriated, transferred, credited, or paid into the Fund from any source; and (2) includes money for out-of-home care and services to prevent out-of-home placements. (b) At the end of each fiscal year any unspent money in the Fund shall revert to the General Fund.

Md. Code, Human Services § 8-504

Expenditures from the Fund shall be made: (1) in accordance with the State Finance and Procurement Article; and (2) to reflect the priorities, policies, and procedures that the Children’s Cabinet adopts.

Md. Code, Human Services § 8-505

(a) A local management board shall apply for money from the Fund in accordance with procedures established by the Children’s Cabinet. (b) In connection with an application for money under subsection (a) of this section, a local management board shall develop and submit a community partnership agreement that: (1) reflects coordination with: (i) the State’s 3-year plan for children, youth, and families; and (ii) any local government plan for services for children, youth, and families, including the local substance abuse plan developed in accordance with Title 8, Subtitle 10 of the Health - General Article; and (2) addresses the priorities and strategies of the county for meeting the identified needs of children and families as articulated in the local management board’s 5-year strategic plan regarding: (i) youth development; (ii) prevention services; (iii) crisis and early intervention; (iv) services for children at risk of out-of-home placement or returning from out-of-home placement; and (v) out-of-home placement and treatment. (c) The Children’s Cabinet may disburse money to a local management board subject to the terms, conditions, performance measures, or outcome evaluations that the Children’s Cabinet considers necessary. (d) The local management board shall use the money to implement: (1) a local interagency services delivery system for children, youth, and families in accordance with the community partnership agreement; and (2) any terms, conditions, and performance measures that the Children’s Cabinet requires.

Md. Code, Human Services § 8-506

(a) The State shall fund only evidence–based and promising home visiting programs for improving parent and child outcomes, as provided in the State budget. (b) Not less than 75% of the State funding for home visiting programs shall be made available to evidence–based home visiting programs.

Md. Code, Human Services § 8-507

(a) (1) The Maryland Department of Health and the other agencies of the Children’s Cabinet, with input from local management boards, local home visiting programs, and the Early Childhood Advisory Council, shall require the recipients of State funding for home visiting programs to submit reports to the Maryland Department of Health on a regular basis. (2) Home visiting program reports shall include, at a minimum: (i) a verifiable accounting of the State funds spent; (ii) the number and demographic characteristics of the individuals served; and (iii) the outcomes achieved by the home visiting programs. (b) The Maryland Department of Health and the other agencies of the Children’s Cabinet shall develop a standardized reporting mechanism for the purpose of collecting information about and monitoring the effectiveness of State–funded home visiting programs. (c) On or before December 1, 2013, and at least every 2 years thereafter, the Maryland Department of Health, jointly with the other agencies of the Children’s Cabinet shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Ways and Means Committee, and the Joint Committee on Children, Youth, and Families on the implementation and outcomes of State–funded home visiting programs.

Md. Code, Human Services § 8-601

In this subtitle, “at-risk youth prevention and diversion program” means services provided to school-aged youth and their families to prevent or divert youth from entering the juvenile justice system and to help make them ready for adulthood by age 21.

Md. Code, Human Services § 8-602

An at-risk youth prevention and diversion program may be: (1) (i) community-based; (ii) school-based; (iii) neighborhood-based; or (iv) faith-based; and (2) nonresidential.

Md. Code, Human Services § 8-603

(a) At-risk youth prevention and diversion programs shall be coordinated, monitored, and supported by local management boards. (b) A local management board shall: (1) develop a request for funds based on the recommendations of the local planning group convened in accordance with § 8-605(b) of this subtitle; (2) award funds to local agencies or organizations to provide direct services; (3) monitor and evaluate at-risk youth prevention and diversion program performance; (4) provide technical assistance to at-risk youth prevention and diversion programs as needed; (5) promote cost-effectiveness strategies; (6) measure at-risk youth prevention and diversion program outcomes; and (7) provide fiscal and program reports to the Office. (c) As part of the prevention element of the 3-year plan developed by the Children’s Cabinet establishing priorities and strategies for the coordinated delivery of services for children and families, the local management board shall: (1) assess the adequacy, availability, and accessibility of current community-based services that: (i) prevent and divert entry and reentry into the juvenile system; (ii) provide alternatives to incarceration and institutionalization; (iii) prevent and divert criminal behavior; and (iv) increase personal responsibility and self-sufficiency; (2) identify unserved neighborhoods or communities with critical needs and significant numbers of at-risk or delinquent youth; and (3) recommend programs that can be established or enhanced to address the unmet needs of youth and their families.

Md. Code, Human Services § 8-604

(a) A local management board shall apply to the Office for funding for an at-risk youth prevention and diversion program. (b) The application shall demonstrate that the local management board has convened a local planning group consisting of parents, youth, and representatives of public and private agencies that have knowledge of and experience working with at-risk youth and families.

Md. Code, Human Services § 8-605

On or before December 31 each year, the Office shall report: (1) to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation and effectiveness of at–risk youth prevention and diversion programs; and (2) to the Department of Juvenile Services on: (i) the number of children referred to an at–risk youth prevention and diversion program in the previous year; (ii) the age, gender, and race of children referred to an at–risk youth prevention and diversion program in the previous year; and (iii) the number of children currently enrolled in an at–risk youth prevention and diversion program.

Md. Code, Human Services § 8-701

(a) In this part the following words have the meanings indicated. (b) “Agency” means: (1) the Maryland Department of Health; (2) the Department of Human Services; or (3) the Department of Juvenile Services. (c) “Certified program administrator” means an individual who is: (1) certified by the State Board for Certification of Residential Child Care Program Professionals under Title 20 of the Health Occupations Article; and (2) responsible for the day–to–day management and operation of a residential child care program and for assuring the care, treatment, safety, and protection of the children in the residential child care program. (d) “Plan” means the State Resource Plan for Residential Child Care Programs. (e) “Provider” means a for profit or nonprofit entity licensed by an agency to operate a residential child care program. (f) Except as provided in § 8–707 of this subtitle, “residential child care program” does not include sites licensed by the Developmental Disabilities Administration.

Md. Code, Human Services § 8-702

It is the intent of the General Assembly to: (1) improve the quality of care provided by residential child care programs; (2) provide the same quality of care to all children placed in residential child care programs; and (3) develop a system that expands services provided by residential child care programs to counties that are underserved.

Md. Code, Human Services § 8-703

(a) There is a State Resource Plan for Residential Child Care Programs. (b) The purpose of the Plan is to enhance access to services provided by residential child care programs. (c) On or before July 1 of each year, the Department of Human Services shall develop the Plan in consultation with the agencies, providers, counties, child advocates, consumers, and any other State unit, entity, or person that the Department identifies as having relevant information or that is interested in the development of the Plan. (d) The Plan shall: (1) provide a framework for the Department and the agencies to procure residential child care program services that meet the needs identified in the Plan; (2) provide the following information on residential child care programs: (i) the county where each program is operated; (ii) the provider for each program; (iii) the actual capacity and utilization rate for each program; (iv) the ages of the children in each program; (v) the county where each child in a program lived at the time the child entered out–of–home placement; (vi) the services children require and a description of how those services are being provided; (vii) the agency that placed children in each program; and (viii) any other information the Department or the agencies, providers, or counties consider relevant; (3) identify the types of services needed in residential child care programs and the estimated number of children requiring those services in each county; (4) identify the counties where the services identified in item (3) of this subsection are insufficiently supplied; (5) establish an incentive fund for residential child care program development in the counties identified in item (4) of this subsection; and (6) identify the reasons children are placed in residential child care programs outside of the counties where the children lived at the time they entered out–of–home placement in accordance with § 5–525 of the Family Law Article. (e) On or before January 1 of each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee and the House Health and Government Operations Committee on the Plan’s findings and recommendations.

Md. Code, Human Services § 8-703.1

§8–703.1. (a) (1) In this section the following words have the meanings indicated. (2) “Licensing agency” means: (i) the Department of Human Services; and (ii) the Department of Juvenile Services. (3) “Statement of need” means an official certification of public need for the location and establishment of a residential child care program in a county issued by a licensing agency under this section. (b) The licensing agencies shall adopt regulations governing the issuance of statements of need. (c) In developing the regulations required under subsection (b) of this section, a licensing agency shall: (1) consider the specialized mental, physical, and behavioral health and developmental needs of children in the county or region affected by the statement of need; and (2) consult with stakeholders in the county or region affected by the statement of need, including: (i) State and local child–serving agencies; (ii) providers of residential and community–based services for children; and (iii) children, parents, and foster parents. (d) (1) Except as provided in paragraph (2) of this subsection, an application may not be submitted to the office and a license may not be granted by a licensing agency for a residential child care program until a licensing agency issues a statement of need for a residential child care program in a county. (2) A statement of need is not required before a license may be granted by a licensing agency for a residential child care program if there is no placement available in an existing licensed residential child care program that can provide the services needed for a child. (e) (1) Except as provided in paragraphs (2) through (4) of this subsection, in addition to the statement of need required under subsection (d) of this section, a statement of need is required before: (i) an existing or previously licensed residential child care program is relocated to another site; (ii) the physical site of a residential child care program is expanded; or (iii) the number of placements in a residential child care program is increased. (2) A statement of need is not required before an existing licensed residential child care program is relocated to another site on a temporary basis if: (i) the site of the existing licensed residential child care program is in a state of disrepair that necessitates rehabilitation for the health, safety, and well–being of the residents; (ii) the temporary site meets the requirements of the residential child care program’s license; (iii) the temporary site is located: 1. within the same jurisdiction as the site undergoing rehabilitation; or 2. within 10 miles of the site undergoing rehabilitation; and (iv) the rehabilitation of the existing site: 1. will be completed within 180 days; or 2. if not completed within 180 days, will be completed within a period of time determined by the licensing agency, on request of the licensee, not to exceed an additional 180 days. (3) A statement of need is not required before an existing licensed residential child care program is relocated to another site if: (i) the relocation is necessary: 1. due to circumstances beyond the control of the licensee, including the nonrenewal of the lease for the site of the existing licensed residential child care program; or 2. because the site of the existing licensed residential child care program is in a state of disrepair that: A. necessitates rehabilitation of the site for the health, safety, and well–being of the residents; and B. the rehabilitation is impractical or infeasible; (ii) the new site meets the requirements of the residential child care program’s license; and (iii) the new site is located: 1. within the same jurisdiction as the site being closed; or 2. within 10 miles of the site being closed. (4) A statement of need is not required before the number of placements in an existing licensed residential child care program is increased if there is no placement available in an existing licensed residential child care program that can provide the services needed for a child. (f) A licensing agency shall publish notice of the issuance of a statement of need in the Maryland Register. (g) A licensing agency may not delegate its authority to issue a statement of need.

Md. Code, Human Services § 8-704

A contract awarded or renewed between an agency and a provider for a residential child care program shall: (1) require the provider to fulfill the licensing requirements under §§ 5–507 through 5–509 of the Family Law Article or §§ 9–235 through 9–237 of this article; (2) include the following provisions: (i) a description of the services the provider is required to provide; (ii) an explanation from the provider of how the program will further the objectives of the Plan under § 8–703(b) of this subtitle; and (iii) any other provision the contracting agency considers necessary; (3) require the provider to report to the contracting agency in writing within 24 hours after a critical incident, as defined in regulation, involving a child in the provider’s care; (4) include a plan for the residential child care program’s interaction with the surrounding community, including a mechanism for responding to complaints; (5) require the provider to report to the contracting agency community complaints that the residential child care program receives and the resolution of each complaint within 10 days after the complaint is received; (6) require that the residential child care program provide health care services under § 5–533 of the Family Law Article; (7) require the provider to maintain health care records during the placement of a child in the residential child care program, including: (i) health insurance information; (ii) powers of attorney, if applicable; (iii) a history of primary and preventive care and any arrangements made for continuing care; (iv) a history of the health care provided for behavioral, mental, or substance abuse disorders and any arrangements made for continuing care; and (v) documentation of doctor and dentist visits; (8) require the provider to comply with § 7–309 of the Education Article; (9) require an annual financial disclosure, including: (i) a certified financial audit of revenues and expenditures prepared by a licensed accountant; (ii) a certified financial audit prepared by a licensed accountant that compares actual revenues and expenditures to the budget submitted to the interagency rates committee for the purpose of determining the program’s rate; and (iii) a statement identifying any interest that the provider or an employee of the provider has with a business or entity that accounts for 5% or more of the program’s expenditures; (10) require the residential child care program to have certified residential child and youth care practitioners, as required under § 20–301 of the Health Occupations Article; and (11) require the residential child care program to have a certified program administrator as required under § 20–301 of the Health Occupations Article.

Md. Code, Human Services § 8-705

The Department of Human Services shall provide a sample contract that includes an example of the provisions required under § 8–704 of this subtitle to each potential provider interested in becoming licensed to operate a residential child care program.

Md. Code, Human Services § 8-707

(a) In this section, “residential child care program” includes sites licensed by the Developmental Disabilities Administration. (b) A contract awarded or renewed between an agency and a provider shall require the provider to: (1) post conspicuously a “Residents’ Bill of Rights” in the facility of the provider stating that a resident has a right: (i) to be treated with fairness, dignity, and respect; (ii) to receive appropriate and reasonable adult guidance, support, and supervision, consistent with the resident’s age and level of development; (iii) not to be abused, mistreated, threatened, harassed, or subjected to corporal punishment or to other unusual or extreme methods of discipline; (iv) to have the resident’s opinion heard and to be included, to the greatest extent possible and consistent with the resident’s age and level of development, when major decisions, including regular case planning meetings, are being made affecting the resident’s life; (v) to reasonable and clinically appropriate visitation, mail, and telephone communication with relatives, friends, attorneys, social workers, therapists, and guardians ad litem; (vi) to have the resident’s relatives and designated representatives, who are authorized in writing by the contracting agency, to communicate with the facility of the provider, ask questions of the facility of the provider, and have questions answered promptly by the facility of the provider; (vii) to language translation and interpretation services, if necessary; (viii) not to be discriminated against on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business; and (ix) to an appropriate education, including educational supports such as homework assistance, summer enrichment opportunities, and employment skills training; (2) develop and, on placement, provide to residents and their parents or legal guardians a handbook of the policies of the provider and the contracting agency as they relate to: (i) the mission of the program; (ii) placement and discharge; (iii) daily routines; (iv) treatment strategies; (v) disciplinary practices; (vi) visiting hours; (vii) communication procedures with residents; (viii) grievance procedures; (ix) health care access; (x) religious exercise access; (xi) emergency telephone contact information; (xii) family involvement; (xiii) attorney access; (xiv) community integration; (xv) education; (xvi) medical and dental care; (xvii) recreation; (xviii) life skills training; (xix) clothing; (xx) personal funds; (xxi) food and nutrition; (xxii) day care; (xxiii) personal belongings; (xxiv) extracurricular activities; and (xxv) therapy; and (3) document in each child’s case file receipt and review by the child and the parent or guardian of the child of the handbook required to be provided under item (2) of this subsection. (c) Nothing in this section precludes a contracting agency or provider from providing additional rights to a resident.

Md. Code, Human Services § 8-709

In this part, “licensing agency”: (1) means the agency designated by the Office as responsible for licensing a residential child care program; and (2) includes the Maryland Department of Health, the Department of Human Services, and the Department of Juvenile Services.

Md. Code, Human Services § 8-710

(a) A person may not operate a residential child care program in the State without a license. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each day of operation.

Md. Code, Human Services § 8-711

A licensing agency may deny a license to: (1) a corporation or entity that has had a license revoked by a licensing agency within the previous 10 years; or (2) a corporation or entity that has a corporate officer who has served as a corporate officer for a corporation or entity that has had a license revoked by a licensing agency within the previous 10 years.

Md. Code, Human Services § 8-712

(a) Unless a program administrator or an employee of a residential child care program is required to be present, a licensing agency shall conduct unannounced inspections of residential child care programs. (b) The unannounced inspections required under subsection (a) of this section shall include inspections conducted during nonbusiness hours.

Md. Code, Human Services § 8-715

(a) In this part the following words have the meanings indicated. (b) (1) “Residential child care program” includes a facility or program that: (i) provides a residential environment such as: 1. a program with a wilderness or outdoor experience, expedition, or intervention; 2. a boot camp experience or other experience designed to simulate characteristics of basic military training for correctional regimes; 3. an educational or therapeutic boarding school; or 4. a behavioral modification program; and (ii) serves children who have a history of diagnosis of: 1. an emotional, behavioral, or mental health disorder; 2. a substance misuse or use disorder, including alcohol misuse or use disorder; or 3. an intellectual, developmental, physical, or sensory disability. (2) “Residential child care program” does not include: (i) a hospital licensed by the State; (ii) a detention facility licensed by the State; (iii) a youth correctional facility; (iv) a substance abuse treatment facility; (v) a foster family home: 1. that provides 24–hour substitute care for children placed away from their parents or guardians; 2. for which the State child welfare services agency has placement and care responsibility; and 3. that is licensed and regulated by the State as a foster family home; or (vi) any other secure facility. (c) “Youth transportation company” means a business that specializes in transporting a child to a residential child care program.

Md. Code, Human Services § 8-716

(a) When the final intended destination is a residential child care program and subject to subsection (b) of this section, a youth transportation company may not use: (1) visual impairment, such as blindfolds and hoods; (2) mechanical restraints, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints, or other similar items; or (3) physical restraints, including holds, or other use of physical force to restrict free movement, unless: (i) the restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others; and (ii) there are no less restrictive alternatives that will alleviate the substantial likelihood of imminent serious physical harm to the child or others. (b) (1) Physical restraints may not be used: (i) as punishment; (ii) for convenience; or (iii) as a substitute for staff supervision. (2) Only youth transportation company staff who have been adequately trained in restraint device usage may use and apply restraints during transportation. (3) If restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others, the restraints may be used only as long as the imminent risk persists. (c) (1) Except as provided in paragraph (2) of this subsection, when the final intended destination is a residential child care program, a youth transportation company may not pick up a child for transport to a residential child care program between the hours of 9 p.m. and 6 a.m. (2) Paragraph (1) of this subsection does not apply to a youth transportation company under contract with the Department of Human Services.

Md. Code, Human Services § 8-717

(a) (1) Subject to paragraph (2) of this subsection, the Attorney General may bring an action against a youth transportation company for a violation of § 8–716 of this subtitle. (2) In an action brought under this subsection, the Attorney General may seek: (i) injunctive relief; and (ii) statutory damages up to: 1. $1,000 for a first offense; and 2. $3,000 for a subsequent offense. (b) (1) Subject to paragraphs (2) and (3) of this subsection, an individual may bring an action against a youth transportation company for a violation of § 8–716 of this subtitle. (2) In an action brought under this subsection, the individual may seek: (i) restitution; (ii) compensatory damages; (iii) statutory damages up to $500 per violation; and (iv) if awarded restitution or damages, reasonable attorney’s fees. (3) An action brought under this section shall be filed within 10 years after the date that the victim reaches the age of majority.

Md. Code, Human Services § 8-801

In this subtitle, “licensing agency”: (1) means the agency designated by the Office as responsible for licensing a residential child care program; and (2) includes the Maryland Department of Health, the Department of Human Services, and the Department of Juvenile Services.

Md. Code, Human Services § 8-802

This subtitle applies to a corporation that is an applicant for or has been granted a license to operate a residential child care program in the State.

Md. Code, Human Services § 8-803

Except as provided in § 8-807 of this subtitle and in addition to the standards set forth in COMAR 14.31.06 and 14.31.07, a corporation shall meet the requirements established in this subtitle as a condition of licensure.

Md. Code, Human Services § 8-804

A corporation shall demonstrate to the licensing agency the capability to provide for and arrange for the provision of all applicable services proposed in the license application by submitting, at a minimum, the following documents to the licensing agency: (1) a business plan that clearly demonstrates the ability of the residential child care program operated by the corporation to provide services in accordance with State regulations and funding requirements; (2) a summary of the corporation’s demonstrated experience in the field of human services, in accordance with standards developed by the Office; (3) prior licensing reports issued within the previous 10 years concerning the corporation or any in-State or out-of-state entities associated with the corporation or the residential child care program, including deficiency reports and compliance records on which the State may make reasoned decisions about the qualifications of the corporation or the residential child care program; and (4) a written quality assurance plan, approved by the licensing agency, to address how the corporation will ensure the health and safety of the individuals served by the residential child care program and the quality of services provided to individuals by the residential child care program.

Md. Code, Human Services § 8-805

(a) (1) A corporation shall have a board of directors that consists of at least five individuals with an interest in or knowledge of the needs of children and their families. (2) Of the members of the board of directors: (i) at least one shall be a resident of the State; (ii) at least one shall have demonstrated experience in or knowledge of the field of human services; and (iii) at least one shall have demonstrated knowledge in the fields of accounting, business, or financial management. (3) (i) An employee, or an immediate family member of an employee, of a corporation or residential child care program may not serve on the corporation’s board of directors. (ii) A person who is compensated by a corporation for providing goods or services may not serve on the corporation’s board of directors. (b) A corporation shall have a chief financial officer.

Md. Code, Human Services § 8-806

A corporation shall adopt written bylaws that require the corporation’s board of directors to be responsible for: (1) overseeing the management and operation of the residential child care program operated by the corporation; (2) ensuring that the residential child care program operates in compliance with all applicable laws and regulations; (3) approving the residential child care program’s mission statement, long-term goals, policies, procedures, and annual budget; (4) defining and prohibiting circumstances that would create a financial or personal conflict of interest for members of the board of directors, corporate officers, employees, agents, assigns, and volunteers; (5) ensuring that the residential child care program responds to all requests from the licensing agency in a timely manner; (6) approving the residential child care program’s service plan and ensuring that services are provided in accordance with the plan; (7) if the corporation is a nonprofit corporation, reviewing annually whether the corporation is satisfying its charitable mission; (8) ensuring that the corporation has liability insurance; (9) requiring that members of the board of directors have training in their responsibilities regarding the governance of the residential child care program; and (10) establishing committees or member assignments to periodically review as warranted, but not less than annually: (i) compensation of officers and staff of the corporation and the residential child care program; (ii) quality of services provided to clients, including all incidents harming or potentially harming clients; (iii) financial problems and concerns relating to the residential child care program; (iv) performance of key staff; (v) nominations of new members of the board of directors; and (vi) potential conflicts of interest.

Md. Code, Human Services § 8-807

The members of the Children’s Cabinet shall adopt regulations to authorize a waiver from some or all of the requirements of this subtitle for corporations that can demonstrate that their bylaws and policies are substantially similar to those required under this subtitle.

Md. Code, Human Services § 8-1001

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Cooperating department” means a unit of the State government responsible for out–of–home placement of children. (2) “Cooperating department” includes: (i) the Department of Juvenile Services; and (ii) the Department of Human Services. (c) “Direct care staff” means staff assigned to perform direct responsibilities related to activities of daily living, self–help, and socialization skills of children in a residential child care program. (d) “Out–of–home placement” means: (1) the removal of a child from the child’s family; and (2) the placement of the child by a cooperating department or court in a public or private residential child care program, a residential program operated by or under contract with the Department of Juvenile Services, a foster care home approved by a local department of social services, or a treatment foster care home for more than 30 days. (e) “System for outcomes evaluation” means an objective and standardized method of measuring the effectiveness of the programs described in subsection (d)(2) of this section.

Md. Code, Human Services § 8-1002

This subtitle does not apply to: (1) a shelter care facility or residential respite program licensed by the Department of Human Services; or (2) a detention center or shelter care facility operated by or under contract with the Department of Juvenile Services.

Md. Code, Human Services § 8-1004

(a) On or before July 1, 2008, the Office and the cooperating departments shall develop, coordinate, and implement a system for outcomes evaluation. (b) The system for outcomes evaluation shall be used to: (1) monitor the care, supervision, education, and treatment provided by State–operated and State–supported programs described in § 8–1001(d)(2) of this subtitle so that successful services can be expanded and services that do not produce positive results can be identified; (2) establish an evaluation system for program performance, including measures of safety, quality, and effectiveness; and (3) complete an assessment of the capacity of the programs described in § 8–1001(d)(2) of this subtitle in the State that identifies programs in each community to serve the needs of a family that resides in the community. (c) The system for outcomes evaluation shall use standardized measures of function to evaluate the child’s: (1) protection from harm while in out–of–home placement; (2) stability of living environment; (3) family situation and efforts to treat and counsel the family unit; (4) educational and vocational development; (5) job skills and employment readiness; (6) legal and appropriate use of drugs and alcohol; (7) progress in learning positive, nonaggressive behavioral habits; and (8) delinquency status. (d) The system for outcomes evaluation shall ensure that collection and use of data in the system maintains confidentiality of information on the children from the cooperating departments. (e) The system for outcomes evaluation shall ensure that a cooperating department shall: (1) facilitate the participation of programs described in § 8–1001(d)(2) of this subtitle operated by the cooperating department or private agencies with which the cooperating department has a contract for the placement of children in out–of–home care; and (2) include in the cooperating department’s contract with a private program provisions requiring the program to collect and report to the cooperating department: (i) child–specific demographic information; and (ii) data necessary to evaluate changes in functioning of the child as provided in subsection (c) of this section. (f) When reporting demographic information and data under subsection (e) of this section, a cooperating department: (1) may not disclose personal identifiers; and (2) shall ensure the confidentiality of the information about the children under its responsibility. (g) On or before October 1 of each year, the Department of Human Services, in coordination with the other cooperating departments, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the progress of implementing the system for outcomes evaluation.

Md. Code, Human Services § 8-1101

(a) There is a State Medical Director for Children Receiving Child Welfare Services in the Department. (b) The Department, in consultation with the Maryland Department of Health, shall appoint the State Medical Director for Children Receiving Child Welfare Services. (c) The State Medical Director for Children Receiving Child Welfare Services shall: (1) be a physician licensed to practice medicine in the State; (2) have experience in providing medical care to children; and (3) be knowledgeable about the unique health needs of children in out–of–home placement and children who are victims of child abuse or neglect.

Md. Code, Human Services § 8-1102

(a) The State Medical Director for Children Receiving Child Welfare Services shall: (1) collect data on the timeliness and effectiveness of the provision or procurement of health care services for children in the custody of the local departments; (2) track health outcomes for children in out–of–home placement using the most recent Healthcare Effectiveness Data and Information Set (HEDIS) measures relevant to children including: (i) immunization status; (ii) lead screening; (iii) medical management of asthma; (iv) follow–up care for children prescribed ADHD medications; (v) depression screening and follow–up for adolescents; (vi) antidepressant medication management; (vii) follow–up after an emergency department visit or hospitalization for mental illness; (viii) metabolic monitoring and use of first–line psychosocial care for adolescents on antipsychotic medications; (ix) appropriate treatment for children with upper respiratory infections; and (x) provision of comprehensive diabetes care; (3) assess the competency, including the cultural competency, of health care providers who evaluate and treat abused and neglected children in the custody of a local department; (4) (i) periodically assess the supply and diversity of health care services that evaluate and treat children in out–of–home placement, identify shortfalls, if any, and report them to the relevant local department, the Department, and the Maryland Department of Health; and (ii) work with State and local health and child welfare officials, provider agencies, and advocates to expand the supply and diversity of health care services; (5) work with State and local health and child welfare officials, provider agencies, and advocates to identify systemic problems affecting health care for children in out–of–home placement and develop solutions; and (6) using practice guidelines developed by the American Academy of Pediatrics, the Helfer Society, and other expert organizations, ensure best–practice medical review and evaluation of cases of suspected child abuse or neglect. (b) (1) Subject to paragraph (2) of this subsection, the State Medical Director for Children Receiving Child Welfare Services and all personnel under the direct supervision of the State Medical Director for Children Receiving Child Welfare Services shall have access to all confidential information and records available to, or in the possession of, a local department. (2) If written consent is required by law, the State Medical Director for Children Receiving Child Welfare Services and personnel under the direct supervision of the State Medical Director for Children Receiving Child Welfare Services may have access to the information or records only after the local department has obtained written consent under § 1–212 of this article. (c) (1) The State Medical Director for Children Receiving Child Welfare Services shall report annually to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the current status of health care services for children in out–of–home placement in the State. (2) A report made under paragraph (1) of this subsection shall be made available to the public on the Department’s website.

Md. Code, Human Services § 8-1103

(a) The State Medical Director for Children Receiving Child Welfare Services, in consultation with the local departments, shall develop a Centralized Comprehensive Health Care Monitoring Program for children in out–of–home placement that will ensure the replication of centralized health care coordination and monitoring of services across the State. (b) The Program shall comply with the Standard of Excellence for Health Care Services for Children in Out–of–Home Care published by the Child Welfare League of America. (c) The Program shall provide the same level of services for mental health, behavioral health, disability–related health issues, physical health, and dental health.

Md. Code, Human Services § 8-1201

(a) For fiscal years 2021, 2022, 2023, and 2024, the Governor shall include in the State budget an appropriation of not less than: (1) $3,500,000 to the local management board for Baltimore City for the Baltimore Children and Youth Fund; and (2) $1,000,000 for the Baltimore City YouthWorks Summer Jobs program. (b) (1) The funding required under this section shall be in addition to any State funding otherwise available to the entities specified in subsection (a) of this section. (2) For fiscal years 2021, 2022, 2023, and 2024, the Governor shall identify in the annual budget as introduced how the funding required under this section is being used to supplement and not supplant the funding for each entity listed in subsection (a) of this section.

Md. Code, Human Services § 8-1301

(a) In this subtitle the following words have the meanings indicated. (b) “Agency” includes: (1) the Office of the Attorney General; (2) the Department of Budget and Management; (3) the Department of Disabilities; (4) the Maryland Department of Health; (5) the Department of Housing and Community Development; (6) the Department of Human Services; (7) the Department of Juvenile Services; (8) the Department of Natural Resources; (9) the Department of Planning; (10) the Department of Public Works; (11) the Department of State Police; (12) the State Department of Education; (13) the Department of Transportation; and (14) the Department of Aging. (c) “Children” means individuals under the age of 14 years. (d) “Commission” means the Commission on Trauma–Informed Care. (e) “Older adult” means an individual at least 60 years old. (f) “Trauma–informed care” has the meaning stated in § 10–701 of the Health – General Article. (g) “Youth” means an individual at least 14 years old and under the age of 26 years.

Md. Code, Human Services § 8-1302

(a) There is a Commission on Trauma–Informed Care. (b) The Commission is an independent commission that functions in the Department of Human Services.

Md. Code, Human Services § 8-1303

The purpose of the Commission is to coordinate a statewide initiative to prioritize the trauma–responsive and trauma–informed delivery of State services that impact children, youth, families, and older adults.

Md. Code, Human Services § 8-1304

(a) The Commission consists of the following members: (1) two members of the Senate of Maryland, appointed by the President of the Senate; (2) two members of the House of Delegates, appointed by the Speaker of the House; (3) the Secretary of Budget and Management, or the Secretary’s designee; (4) the Secretary of Disabilities, or the Secretary’s designee; (5) the Secretary of Health, or the Secretary’s designee; (6) the Secretary of Human Services, or the Secretary’s designee; (7) the Secretary of Juvenile Services, or the Secretary’s designee; (8) the Secretary of State Police, or the Secretary’s designee; (9) the State Superintendent of Schools, or the Superintendent’s designee; (10) the Executive Director of the State Council on Child Abuse and Neglect, or the Executive Director’s designee; and (11) the following members, appointed by the Governor: (i) two licensed mental health clinicians with expertise in trauma, including demonstrated experience and training in child and adolescent care and family care; (ii) one licensed geriatric mental health clinician with expertise in trauma; (iii) two members of the research community with expertise in trauma; (iv) six representatives from community organizations, nonprofit organizations, or youth organizations with an expertise in trauma; (v) one representative of the Office of Child Care Advisory Council; (vi) one representative of the Maryland Network Against Domestic Violence; (vii) one representative of an urban municipal government with expertise in trauma; (viii) one representative of a rural municipal government with expertise in trauma; and (ix) one representative of a suburban municipal government with expertise in trauma. (b) (1) The term of an appointed member under this section is 4 years concurrent with the term of the Governor’s term of office. (2) A member who is appointed after the term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

Md. Code, Human Services § 8-1306

The Commission shall determine operating procedures, including the establishment of subcommittees or workgroups that use the expertise of individuals who are not members of the Commission.

Md. Code, Human Services § 8-1308

(a) A majority of members serving on the Commission is a quorum. (b) The Commission shall determine the times and places of its meetings. (c) A member of the Commission: (1) may not receive compensation as a member of the Commission; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Human Services § 8-1309

(a) (1) The Commission shall: (i) assist in the identification of any State program or service that impacts children, youth, families, and older adults; (ii) assist in the development of a statewide strategy toward an organizational culture shift into a trauma–responsive State government; (iii) establish metrics, in collaboration with the Maryland Department of Health, to evaluate and assess the progress of the statewide trauma–informed care initiative; (iv) coordinate and develop with the Maryland Department of Health any formal or informal trauma–informed care training; (v) disseminate information among agencies regarding best practices for preventing and mitigating the impact of trauma on children, youth, families, and older adults; (vi) advise and assist the Governor in providing oversight and accountability in implementing the requirements of this subtitle; (vii) submit a report using the Commission’s established evaluation and assessment metrics, as described in item (iii) of this paragraph, that includes an assessment of: 1. the implementation of trauma–informed care policies within each agency; and 2. the trauma–responsiveness of each agency; and (viii) make recommendations regarding improvements to existing laws relating to children, youth, families, and older adults in the State. (2) On or before June 30 each year, the Commission shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. (b) (1) In this subsection, “Program” means the Adverse Childhood Experiences (ACEs) Aware Program. (2) In consultation with the Maryland Department of Health, the Department of Human Services, and the Maryland Health Care Commission, the Commission shall: (i) study developing a process and framework for implementing an Adverse Childhood Experiences (ACEs) Aware Program in the State; and (ii) implement the Program. (3) The purpose of the Program is to screen for adverse childhood experiences and toxic stress to provide targeted evidence–based interventions to support individual and family health, in order to improve individual and family well–being and reduce health care costs. (4) As part of the study, the Commission shall: (i) propose a process to set up training and an accreditation process for providers in the Program; and (ii) explore the possibility of third–party reimbursement, including the State Medical Assistance Program, for screenings under the Program. (5) On or before October 1 each year, beginning in 2022, the Commission shall report its findings and recommendations regarding the development and implementation of the Program to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

Md. Code, Human Services § 8-1310

(a) In this section, “formal training” means a didactic course or curriculum in trauma–informed care that is: (1) developed by the U.S. Department of Health and Human Services or the Maryland Department of Health; and (2) provided by the Maryland Department of Health or its designee in collaboration with the Commission. (b) Each Commission member shall participate in at least one formal training each year. (c) (1) Each agency head shall designate two staff members to: (i) participate in at least one formal training each year; (ii) collaborate with other agency designees in work sessions and other informal trainings as organized by the Maryland Department of Health; (iii) serve as the principal advisors to the agency director and agency staff in trauma–responsiveness and trauma–informed care; (iv) assess the agency for training and technical assistance needs related to trauma–responsiveness and trauma–informed care; and (v) review and make appropriate recommendations to the agency director to align agency policies and practices with a trauma–informed approach. (2) In the event of a vacancy in the position of one or both of the staff members designated under paragraph (1) of this subsection, the agency director shall, within 30 days of the vacancy, designate another staff member to carry out the duties of the staff member described in paragraph (1) of this subsection. (d) The Maryland Department of Health shall provide technical advisory support to designated agency staff to assist the staff in performing the duties described in subsection (c)(1) of this section. (e) On or before March 31 each year, each agency director shall submit to the Commission a progress report detailing the agency’s progress and compliance with subsection (c) of this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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