Maryland Department of Human Resources Section 13

Article - Department of Human Resources

§ 13.

      (a)      Except as provided in § 13A of this article, the State Department shall create or continue in each county and in Baltimore City a local department of social services to be known as such with the name of the county or city prefixed thereto. In each county such local department shall have a local board appointed in accordance with the provisions of § 14 of this article and a local director appointed in accordance with subsection (b)(1) of this section.

      In Baltimore City the department of social services shall have a commission of social services (herein referred to as "local commission") appointed in accordance with the provisions of § 48(d) of Article VII of the Charter of Baltimore City, 1964 Edition, and the local director of the local department in Baltimore City shall be appointed in accordance with the provisions of subsection (b)(2) of this section.

      The local boards in the counties and the local commission in Baltimore City shall have all the duties and functions provided in § 14A of this article.

      (b)      (1)      In each county and Baltimore City the local director shall be appointed with the concurrence of the Secretary of Human Resources and, as appropriate:

                  (i)      The county executive;

                  (ii)      The county commissioners;

                  (iii)      The Mayor of Baltimore City;

                  (iv)      The County Council of Talbot County or Wicomico County; or

                  (v)      A designee of the county executive, county commissioners, or Mayor.

            (2)      The county executive, county commissioners, Mayor of Baltimore City, County Council of Talbot County or Wicomico County, or designee, as appropriate, shall meet and consult with the board of each local department prior to the appointment of a local director.

            (3)      (i)      In each county and Baltimore City the local director may be removed from office with the concurrence of the Secretary of Human Resources and, as appropriate, the county executive, the county commissioners, the Mayor of Baltimore City, County Council of Talbot County or Wicomico County, or the designee of the county executive, county commissioners, County Council of Talbot County or Wicomico County, or Mayor.

                  (ii)      The county executive, county commissioners, Mayor of Baltimore City, County Council of Talbot County or Wicomico County, or designee, as appropriate, shall meet and consult with the board of each local department prior to the removal from office of a local director.

            (4)      Any individual appointed as a director of a local department of social services in accordance with paragraphs (1) and (2) of this subsection shall have, at a minimum:

                  (i)      A master's degree in social work or a related field and at least 5 years of professional employment in the field of social services administration or supervision; and

                  (ii)      Any other qualifications and training that the Secretary of Human Resources may require by rule or regulation.

            (5)      (i)      At least annually, the local director shall be evaluated, in writing, by the Secretary of Human Resources, the county or Baltimore City, and the local board of social services.

                  (ii)      The Secretary of Human Resources shall notify the local board of social services of any significant deficiencies in the administration of the local department.

                  (iii)      The Secretary of Human Resources, the county or Baltimore City, and the local board of social services shall jointly review their respective evaluations annually with the local director.

            (6)      (i)      The governing body of each county and Baltimore City, in consultation with the local board of social services, shall establish by ordinance or resolution, the process by which the local director shall be evaluated in accordance with paragraph (5) of this subsection.

                  (ii)      The Secretary shall establish by regulation the process by which the Secretary shall evaluate the local directors in accordance with paragraph (5) of this subsection.

      (b-1)      (1)      The local director in each county, including Baltimore City, who is appointed on or after October 1, 1992, shall be in the executive service or management service of the State Personnel Management System.

            (2)      All deputy directors and assistant directors of the Department of Social Services of Baltimore City who are appointed after May 1, 1989, shall be in the management service of the State Personnel Management System.

      (c)      Except in Montgomery County, the local director in each county, including Baltimore City, shall administer the social service and public assistance activities in the respective county, except child support enforcement, in accordance with § 3 of this article. Each local director has a general administrative responsibility to the State Administration. Specifically, by way of example and not in limitation, each local director has the following basic responsibilities:

            (1)      Long-range and short-range planning for the functions and objectives of the respective local department;

            (2)      Exercise of full administrative responsibility for the operations of the respective local department;

            (3)      Except as provided in subsection (b-1)(2) of this section or otherwise by law, appointment of all personnel of the respective local department in accordance with the provisions of Title 6, Subtitle 4 of the State Personnel and Pensions Article;

            (4)      Improvement of administrative and social-work practices and procedures;

            (5)      Submission of periodic reports and evaluations as required by the State Administration;

            (6)      Submission of an annual report to the local board of the respective local department in the counties and to the local commission of the local department in Baltimore City; and

            (7)      Other responsibilities as may from time to time be required by the State Administration or by other applicable laws, rules and regulations.

      (c-1)      In Montgomery County, the local director shall act as the agent of the Secretary of Human Resources to ensure that Montgomery County complies with responsibilities under grant agreements entered into under § 13A(b) of this article.

      (d)      Administrative costs of the local departments for the purpose of this section shall be paid out of allotments from State or federal funds, as the State Department may prescribe. This subsection does not prohibit any county from appropriating additional funds for administrative costs of the local department.



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