2013 Maryland Code
HUMAN SERVICES
§ 8-703 - State Resource Plan

§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 Office shall develop the Plan in consultation with the agencies, providers, counties, child advocates, consumers, and any other State unit, entity, or person that the Office 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 Office 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 Office 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 Office shall report to the Governor and, in accordance with § 2-1246 of the State Government Article, the Senate Finance Committee and the House Health and Government Operations Committee on the Plan’s findings and recommendations.

§ 8-703 - 1. Statements of need

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Licensing agency" means:

(i) the Department of Human Resources; 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) Regulations. -- The licensing agencies shall adopt regulations governing the issuance of statements of need.

(c) Regulations -- Considerations and consultation. -- 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) In general. -- 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.

(e) Additional requirements. -- In addition to the statement of need required under subsection (d) of this section, a statement of need is required before:

(1) an existing or previously licensed residential child care program is relocated to another site;

(2) the physical site of a residential child care program is expanded; or

(3) the number of placements in a residential child care program is increased.

(f) Notice. -- A licensing agency shall publish notice of the issuance of a statement of need in the Maryland Register.

(g) Nondelegable authority. -- A licensing agency may not delegate its authority to issue a statement of need.