Md. Code Regs. 07.02.11.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.11.10 - Efforts to Prevent Out-of-Home Placement

A. Before accepting a time-limited or children with disabilities voluntary placement or seeking shelter care, the local department shall document in the case record reasonable efforts that have been made but have been unsuccessful in preventing or eliminating the need for removal of the child from the home, unless an emergency situation causes removal to be reasonable under the circumstances to provide for the safety of the child.

B. Placement prevention services are those services designed to alleviate the conditions which may make out-of-home placement necessary and may include, but are not limited to:

(1) In-home aide services;

(2) Day care;

(3) Crisis counseling;

(4) Family preservation;

(5) Assistance in gaining access to emergency financial assistance;

(6) Respite care;

(7) Self-help groups;

(8) Referral for medical care and medical insurance;

(9) Special education services;

(10) Mental health, drug or alcohol abuse counseling and treatment;

(11) Referral to parenting classes;

(12) Assistance in locating housing; and

(13) Domestic violence counseling.

C. The local department shall make appropriate referrals to emergency shelter services and any other appropriate and available services for families with children lacking shelter, in accordance with Regulation .04D of this chapter.

D. The local department shall document in the child's case record:

(1) Any placement prevention services that were provided;

(2) The effectiveness of the provided services;

(3) The reasons that placement was necessary; and

(4) Specific services that would have been appropriate had they been available.

E. If the local department determines that the child's welfare requires removal, the department shall document in the case record the circumstances that support the judgment that prevention services would not be appropriate.

F. In a petition to the court to request custody of a child, the local department shall note the placement prevention services that the child and the child's family have received, or shall state the reasons why placement prevention services were not appropriate and therefore were not provided.

G. For a children with disabilities voluntary placement, efforts to prevent placement may include a request by the local department for an emergency voluntary placement hearing before placement based upon concerns related to the child's treatment and care needs.

H. Whenever the court orders an out-of-home placement, the local department's attorney shall ask the court to incorporate into its order a reasonable efforts finding, as described in Regulation .30 of this chapter.

I. When the local department petitions the court to make a determination of CINA for a child with a documented developmental disability or mental illness:

(1) The local department shall detail the reasons why a child with a developmental disability or mental illness is not appropriate for a children with disabilities voluntary placement as an effort to prevent placement;

(2) The local department shall, upon order of the court that has held in abeyance a finding on whether the child is a CINA:

(a) Assess or reassess the family and child's eligibility for placement in accordance with a children with disability voluntary placement agreement; and

(b) Report back to the court in writing within 30 days unless the court extends the time period.

J. The local department shall offer to place the child according to a children with disabilities voluntary placement agreement when so ordered by the court following a hearing to determine that the child and family are eligible for a voluntary placement.

Md. Code Regs. 07.02.11.10

Regulation .10B amended effective May 19, 1978 (5:10 Md. R. 777); March 23, 1979 (6:6 Md. R. 510); January 2, 1983 (9:26 Md. R. 2571)
Regulation .10C amended effective March 23, 1979 (6:6 Md. R. 510); October 5, 1979 (6:20 Md. R. 1628)
Regulation .10G amended effective July 27, 1979 (6:15 Md. R. 1270)
Regulation .10A_D amended effective July 1, 1985 (12:13 Md. R. 1278)
Regulations .10 effective July 1, 1985 (12:13 Md. R. 1278)
Regulations .10 adopted as an emergency provision effective February 1, 1989 (16:4 Md. R. 487); emergency status extended at 16:12 Md. R. 1331, 16:21 Md. R. 2254, and 17:8 Md. R. 967; emergency status expired June 30, 1990
Regulations .10 adopted as an emergency provision effective July 17, 1990 (17:16 Md. R. 1984); adopted permanently effective December 24, 1990 (17:25 Md. R. 2904)