Md. Code Regs. 14.31.01.06 - Notification of Out-of-State Placement

A. The placing agency shall submit a notification of State funding for the costs, or a portion of the costs, of the placement, as provided by applicable State laws.

B. Prior to notification of out-of-State placement to the SCC, the placing agency shall notify all appropriate local agencies, the local school system and family members of the placement decision and expected admission date.

C. Prior to notification of out-of-State placement to the SCC, the placing agency shall ensure that funding discussions have included input from all appropriate local agencies, the local school system and family members.

D. The notification shall be on a form specified by the SCC and shall include the following:

(1) Information deemed necessary by the SCC to identify the child, the child's intensive needs, and the nature and costs of the recommended placement;

(2) Documentation of the placing agency's efforts to serve the child in the least restrictive environment appropriate to the child's needs, including:

(a) A description of efforts to identify appropriate community-based services to meet the child's needs;

(b) Reasons why community-based options were considered inadequate to meet the child's needs or were otherwise rejected;

(c) A description of additional supports and services which would be required to provide appropriate services in an in-State facility, a community-based program, or the child's home;

(d) The lack of availability of appropriate in-State facilities and services to meet the needs of the child; and

(3) A plan for the child's return from the out-of-State placement, including:

(a) Time frame for the child's return;

(b) Description of services and resources needed to facilitate the child's return; and

(c) As appropriate, identification of a strategy for developing resources needed to facilitate the child's return which are not currently available in the community.

E. Exception Criteria for Out-of-State Placements.

(1) The SCC may review a notification from a placing agency for State funding of an out-of-State placement under one of the following exception criteria:

(a) The out-of-State placement is closer to the child's home than any alternative in-State placement;

(b) The plan for the child's permanent placement includes residence with a caregiver in proximity to the proposed out-of-State placement;

(c) The individualized needs of the child cannot be met through available, appropriate in-State resources at a total cost less than or equal to 100 percent of the average cost per placement for all appropriate out-of-State programs for which application would be made for the child;

(d) The child is currently in detention, shelter care, or committed to the Department of Juvenile Services pending placement under a court order;

(e) Compliance with the federal Individuals with Disabilities Education Act requires out-of-State placement; or

(f) The child is hospitalized in an acute care psychiatric hospital under the following circumstances:

(i) The child is committed to the Department of Juvenile Services, a local department of social services, or a division of the Department of Health and Mental Hygiene;

(ii) The child's treatment team has determined that the child is ready for discharge.

(iii) The only available, appropriate placement is out-of-State.

(2) The referring agency shall indicate which of the above exceptions is applicable with regard to the placement of the child for whom it has made notification to the SCC.

(3) The SCC will meet at least 6 times a year to conduct business meetings and provide trainings and technical assistance.

Notes

Md. Code Regs. 14.31.01.06

Regulations .06, Local Care Teams and State Coordinating Council, adopted effective 41:6 Md. R. 381, eff.3/31/2014