Md. Code Regs. 14.31.06.09 - General Program Requirements

A. Community Integration. The licensee shall:

(1) Develop and institute a plan to integrate the program into the life of the community, ensuring that children have opportunities to participate in community activities to a degree consistent with their needs and limitations;

(2) Ensure that community residents have reasonable access to the program administrator to address concerns about the program staff and residents;

(3) Appoint at least one resident of the community to be a member of the Board; and

(4) Develop and implement a procedure for the resolution of complaints from the community.

B. Communications with Family and Others. The licensee shall:

(1) Before or upon placement, give the child's parent or legal guardian, the placing agency, and the child, a program handbook that is in a format that is understandable and comprehensive, and includes:

(a) The mission of the program and its admission and discharge policy;

(b) Normal daily routines;

(c) Treatment strategies and disciplinary philosophy;

(d) Visiting hours and other procedures related to communication with the child;

(e) A procedure through which the child or parent may register grievances regarding the child's care;

(f) The program's policies with respect to accessing health care and the exercise of religion or a life philosophy; and

(g) The telephone number of the appropriate staff on duty who may be contacted;

(2) Implement a written policy regarding communication which includes visitation, correspondence, reports, and telephone contact between the child and others;

(3) Consult with the placing agency to ascertain the child's status with respect to family member contact and encourage family participation in the plan of care;

(4) Consistent with the child's individual plan of care, maintain conditions of reasonable privacy for the child's visits and telephone contacts;

(5) Have flexible visiting hours for visitors who are unable to visit at the regular times;

(6) Unless inconsistent with the child's individual plan of care, permit the child to receive and send mail;

(7) Establish and implement written procedures for all overnight visits away from the program which address:

(a) Documentation of permission from the placing agency, parent, or guardian;

(b) Determination of the duration of the visit; and

(c) Documentation of the:

(i) Name and address of the individual responsible for the child while absent from the program;

(ii) Child's location while absent from the program; and

(iii) Time of the child's departure from and return to the program;

(8) Prohibit restrictions on a child's access to the child's attorney; and

(9) When a child's communication with an individual outside the program is curtailed or terminated:

(a) Inform the child and, unless unsafe for the child, the individual affected by the restriction; and

(b) Include a written statement of the reasons for the restriction in the child's case file.

C. Normal Daily Routines. The licensee shall:

(1) Have a written plan of normal daily routines which shall be made available to the children and employees; and

(2) Unless inappropriate, permit the children to participate in planning normal daily routines.

D. Public Relations.

(1) Before using a child's picture or other uniquely identifying information for the purpose of public relations in any form, the licensee shall obtain the written consent of:

(a) The child, if appropriate;

(b) The child's parent or legal guardian; and

(c) If required, the juvenile court.

(2) The licensee may not use a child, a child's picture, or other uniquely identifying information in any way that would likely be harmful or cause embarrassment to the child or the child's family.

E. Child Grievance Procedure.

(1) The licensee shall establish and follow a written grievance procedure that:

(a) Includes:

(i) Each step in the process;

(ii) Specific timelines; and

(iii) Identification of the person who should receive the grievance;

(b) Requires documentation of receipt of the procedure in the child's individual case record; and

(c) Documents all grievances and communicates corrective actions to the:

(i) Licensing agency; and

(ii) The child and the child's parents or legal guardian, as appropriate.

(2) The licensee shall provide the child and the child's parents or legal guardian unimpeded access to a description of how to file a grievance, including:

(a) Any formal grievance forms or other requirements for the format and content of the complaint;

(b) Guidance for obtaining staff and other assistance in completing and filing a grievance; and

(c) Instructions regarding the identity, address, and telephone number of the individuals designated to receive and act upon grievances.

(3) The licensee shall post the name and telephone number of the licensing agency and child protective services contact persons near every telephone that is accessible to staff and residents.

(4) The licensee shall ensure that there is no retaliation against a child or a child's family for filing a grievance.

(5) The grievance procedure shall be approved by the licensing agency.

Notes

Md. Code Regs. 14.31.06.09

Regulation .09 amended effective 40:11 Md. R. 975, eff.6/10/2013
Regulation .09A amended effective May 19, 2008 (35:10 Md. R. 973)