Md. Code, Human Services, Title 4

in effect

Md. Code, Human Services § 4-101

(a) In this title the following words have the meanings indicated. (b) “Administration” means the Social Services Administration. (c) “Department” means the Department of Human Services. (d) “Executive Director” means the Executive Director of Social Services. (e) “Local department” means: (1) a local department of social services created or continued in a county under § 3–201 of this article; or (2) in Montgomery County, the Montgomery County government. (f) “Secretary” means the Secretary of Human Services.

Md. Code, Human Services § 4-201

There is a Social Services Administration in the Department.

Md. Code, Human Services § 4-202

The Administration and the Executive Director exercise their authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.

Md. Code, Human Services § 4-203

(a) With the approval of the Governor, the Secretary shall appoint the Executive Director. (b) The Executive Director shall be a competent person with adequate training and practical experience in social welfare work. (c) The Executive Director serves at the pleasure of the Secretary. (d) The Executive Director is entitled to the compensation provided in the State budget.

Md. Code, Human Services § 4-204

(a) (1) The Executive Director is the administrative head of the Administration. (2) The Executive Director shall devote the Executive Director’s whole time to the duties of the office. (b) Subject to State and federal laws governing the administration of social services, the Executive Director shall: (1) administer and organize the Administration; (2) supervise the social service activities of the local departments; and (3) supervise other agencies and institutions under the supervision of the Administration. (c) (1) The Executive Director may prescribe the number and minimum qualifications of the personnel engaged in the administration of the activities of the Administration and of the local departments that are financed wholly or partly by the Administration. (2) (i) As provided in the State budget, the Executive Director may appoint the personnel required to properly perform the duties of the Administration. (ii) Except as otherwise provided, appointment and removal of all paid personnel under this title are subject to the provisions of the State Personnel and Pensions Article. (d) The Executive Director shall submit budget estimates for the Administration to the Secretary.

Md. Code, Human Services § 4-205

(a) (1) The Administration shall be the central coordinating and directing agency of all social service activities in the State, including: (i) child welfare services; and (ii) any other social service activities financed wholly or partly by the Administration. (2) For the purposes of these duties, child welfare services provided to a minor may continue after the minor’s eighteenth birthday but not beyond the minor’s twenty-first birthday. (b) The Administration shall supervise, direct, and control the activities of the local departments that it finances wholly or partly. (c) The Administration shall supervise all public and private institutions that have care, custody, or control of abused, abandoned, dependent, or neglected children, except: (1) institutions under the authority of the Department of Juvenile Services; and (2) agencies, persons, or institutions designated by the Department of Juvenile Services under § 9-217 of this article. (d) (1) The Administration may visit any State-aided institution, organization, or agency engaged in social service or welfare activities and inspect thoroughly its management, buildings, and equipment. (2) Visits and inspections under paragraph (1) of this subsection shall be made: (i) at reasonably convenient hours; and (ii) with reasonable regard to the established discipline, regulations, and customs of the institution, organization, or agency. (e) As desirable or necessary for the purpose of this title, the Administration may designate existing agencies or organizations in the State as the Administration’s agents. (f) Before the start of each regular session of the General Assembly, the Administration shall submit a report of its activities to the Governor.

Md. Code, Human Services § 4-206

The Department may develop and implement an automated statewide system and related administrative procedures to achieve effectively and efficiently the purposes of this title.

Md. Code, Human Services § 4-207

(a) Subject to § 2-209(b) of this article, the Executive Director may adopt regulations necessary to carry out the duties imposed on the Executive Director by law. (b) (1) The Executive Director shall adopt regulations covering the custody, use, and preservation of the records of the Administration and the local departments concerning applicants for and recipients of social services. (2) The use of the records of the Administration and the local departments by any other governmental unit shall be limited to the purposes for which the records are furnished. (c) (1) All regulations or directives implemented by the Executive Director that are based on federal law, rules, regulations, or guidelines shall have the federal material: (i) referenced in the text of the State material; or (ii) attached permanently to the State material. (2) The Department shall furnish to each of the local departments at least one up-to-date copy of all current federal regulations applicable to the operations of the local department.

Md. Code, Human Services § 4-301

(a) The Secretary shall implement a comprehensive plan to recruit, train, and retain child welfare caseworkers and casework supervisors who meet the requirements of this section. (b) (1) The Secretary shall hire as caseworkers only human services professionals, such as: (i) social workers licensed in accordance with Title 19 of the Health Occupations Article; (ii) psychologists licensed in accordance with Title 18 of the Health Occupations Article; (iii) professional counselors certified in accordance with Title 17 of the Health Occupations Article; (iv) nurses licensed in accordance with Title 8 of the Health Occupations Article; (v) school psychologists certified in accordance with regulations adopted under Title 6, Subtitle 7 of the Education Article; and (vi) human service workers who: 1. have a degree in an appropriate behavioral science; 2. have completed the mandatory preservice training and competency test; and 3. are supervised by licensed social workers. (2) The Secretary may retain permanent employees employed on or before December 31, 1998 who do not have the qualifications specified in paragraph (1) of this subsection if the Secretary finds that the employees are performing their duties satisfactorily. (c) The Secretary shall: (1) implement a preservice training program and competency test for newly employed caseworkers; (2) require that all new casework staff: (i) be hired provisionally; (ii) except for staff described in item (4) of this subsection, complete a 40–hour preservice training program; and (iii) pass a competency test before being granted permanent employment status; (3) implement mandatory standards for continuing education for all caseworkers and casework supervisors that require that employees who fail to obtain the required continuing education credits be subject to disciplinary action, including demotion, suspension, and dismissal; (4) develop and implement mandatory standards that exempt newly hired individuals who have documented and verified casework experience or hold appropriate State licensure from the 40–hour preservice training program specified in item (2)(ii) of this subsection; and (5) require caseworkers who are exempt from the preservice training program specified in item (2)(ii) of this subsection and fail the competency test to participate in the preservice training program and to take and pass the competency test before being granted permanent employment status. (d) (1) The Secretary may not employ human services professionals on a contractual basis as caseworkers or casework supervisors, except as required to meet an unanticipated need resulting from: (i) a significant and unexpected increase in reports of child abuse or neglect, or both; or (ii) a significant and unexpected increase in the foster care or kinship care caseload, or both. (2) A caseworker or casework supervisor contractual position may not exist longer than 1 year. (e) Whenever the Secretary contracts with an outside entity for casework services, the Secretary shall require the contractor to comply with the employment qualifications, training curriculum, preservice and in–service training, and competency testing required under this section.

Md. Code, Human Services § 4-302

The Administration may: (1) accept any federal funds or commodities; (2) manage and dispose of any federal funds or commodities as required by federal law; and (3) apply the federal Social Security Act or any other federal law relating to social services to the benefit of the State.

Md. Code, Human Services § 4-303

(a) The Administration shall make every effort to recoup overpayments made to recipients that the State is authorized to recoup under federal law. (b) The Administration shall establish an administrative procedure, in accordance with federal law, to be followed when the Administration has reason to believe that an overpayment has been made.

Md. Code, Human Services § 4-304

(a) (1) In this section the following words have the meanings indicated. (2) “Foster youth” means an individual who: (i) is in out–of–home care under the responsibility of the State; or (ii) 1. is an adult under the age of 26 years; and 2. was in out–of–home care under the responsibility of the State on the individual’s 18th birthday. (3) “Program” means the Foster Youth Summer Internship Program established under this section. (b) The Secretary shall: (1) develop and implement a Foster Youth Summer Internship Program with the assistance of the Department of Budget and Management and in consultation with the local directors of local departments of social services; and (2) coordinate with State agencies to establish internships in State agencies that are open to participants in the Program. (c) The purpose of the Program is to provide foster youth with training and experience through internships in agencies within the Executive Branch of State government. (d) The Program shall be established in multiple regions of the State. (e) Internships under the Program may be paid or unpaid. (f) A State agency participating in the Program may: (1) specify requirements for internship applicants; and (2) select its interns from among the available applicants. (g) To be eligible to participate in an internship under the Program, an individual must be a foster youth at least 15 years old. (h) On or before October 1, 2019, the Secretary, in consultation with the Department of Human Services, shall report to the Senate Budget and Taxation Committee, the Senate Finance Committee, and the House Appropriations Committee of the General Assembly, in accordance with § 2–1257 of the State Government Article, on: (1) the number of foster youth participating in the Program; (2) the location and type of internships in the Program; (3) efforts to recruit eligible individuals to participate in the Program; and (4) factors that affect Program participation.

Md. Code, Human Services § 4-305

(a) (1) In this section the following words have the meanings indicated. (2) “Credential” means a recognized: (i) educational diploma; (ii) certificate or degree; (iii) occupational license; (iv) apprenticeship certificate; (v) industry–recognized certification; or (vi) award for skills attainment and completion, issued by an approved training provider in the State or third–party credential provider. (3) “Foster care recipient” has the meaning stated in § 15–106.1 of the Education Article. (4) (i) “Job readiness training” means training for the purpose of assisting and supporting jobseekers in overcoming individual barriers to employment and developing the skills necessary to maintain employment and to qualify for skills training opportunities. (ii) “Job readiness training” includes: 1. occupational skills development; 2. GED preparation; 3. literacy advancement; 4. financial stability services, including financial coaching; 5. credit counseling; and 6. assistance in meeting training–related transportation and child care needs. (5) “Program” means the Fostering Employment Program established under this section. (6) “Registered apprenticeship program” means a formal training program approved and registered by the Maryland Department of Labor, or by the United States Department of Labor’s Office of Apprenticeship. (7) “Training provider” means an entity that: (i) provides training and employment services to individuals described in § 11–504(b) of the Labor and Employment Article; or (ii) is awarded a strategic industry partnership grant under § 11–703 of the Labor and Employment Article. (8) “Unaccompanied homeless youth” means a child or youth who: (i) has had a consistent presence in the State for at least 1 year before enrollment in a job readiness training program or registered apprenticeship program that is documented by school, employment, or other records; (ii) is not in the physical custody of a parent or guardian; (iii) is a homeless child or youth, as defined by the McKinney–Vento Homeless Assistance Act; and (iv) was determined to be a homeless child or youth by: 1. a Maryland local school system homeless liaison, as defined by the McKinney–Vento Homeless Assistance Act; 2. a director or a designee of the director of a Maryland–based program funded under the Runaway and Homeless Youth Act; or 3. a director or a designee of the director of a Maryland–based program funded under Title IV, Subtitle B of the McKinney–Vento Homeless Assistance Act. (9) “Workforce development area” means a geographic area designated by the Governor in accordance with § 106 of the federal Workforce Innovation and Opportunity Act. (b) There is a Fostering Employment Program. (c) The Department and the Maryland Department of Labor shall jointly supervise the Program. (d) The purpose of the Program is to provide employment opportunities for foster care recipients and unaccompanied homeless youth through training that leads to industry–recognized credentials. (e) The Department, in coordination with the Maryland Department of Labor, shall: (1) develop and implement the Program; and (2) coordinate with: (i) the local departments of social services; and (ii) the local workforce development boards in the State workforce development areas. (f) The Program shall provide foster care recipients and unaccompanied homeless youth with opportunities to obtain credentials through: (1) a registered apprenticeship program; or (2) job readiness training. (g) A foster care recipient or an unaccompanied homeless youth who is not exempt from paying tuition under § 15–106.1 of the Education Article is eligible to receive funding under the Program if the individual is: (1) at least 16 years of age; and (2) enrolled in: (i) a registered apprenticeship program; or (ii) job readiness training through a training provider funded by the Maryland Department of Labor. (h) The Department and the Maryland Department of Labor jointly may adopt regulations to carry out this section.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026