Md. Code Regs. 07.02.11.19

Current through Register Vol. 51, No. 21, October 18, 2024

Section 07.02.11.19 - Periodic Reviews

A. General.

(1) A periodic review of a child's status shall be held not less frequently than once every 6 months by the juvenile court, and, if not reviewed by the court, may be reviewed according to §A(2) of this regulation.

(2) The review shall be conducted by the court, an administrative panel, or the Citizens' Review Board for Children (CRBC), as described in COMAR 07.01.06.

(3) At least one local board of the CRBC exists in every county and Baltimore City, and reviews the cases of children in out-of-home placement in accordance with its local plan as approved by the CRBC State Board and the Secretary of Human Resources.

(4) Each local department shall provide the local board with information the board requires to perform its duties.

B. The periodic review shall determine the:

(1) Continuing necessity for and appropriateness of the placement;

(2) Extent of compliance with the permanency plan; and

(3) Extent of progress which has been made toward alleviating or mitigating the causes necessitating out-of-home placement.

C. The periodic reviews shall project a likely date by which the permanency plan for the child will be achieved.

D. The local department shall, in preparation for the periodic review held by:

(1) The court:

(a) Give 10 days notice of the review, whenever possible, to the parents or legal guardian, child, foster parent or the foster parent's attorney, pre-adoptive parent, or relative caregiver; and

(b) Document the notice in the child's case record;

(2) The CRBC, encourage the parents, legal guardian, foster parents, pre-adoptive parents, relative caregivers, the child's attorney, the child if appropriate, and any other interested individual to attend the review; or

(3) An administrative panel:

(a) Invite the participation of the parents, legal guardian, foster parents, pre-adoptive parents, relative caregivers, the child's attorney, and the child if appropriate; and

(b) Document the notice given in the child's case record.

E. At the permanency planning hearing, the local department shall detail:

(1) The efforts to finalize the permanency plan in effect for the child;

(2) The services to facilitate the achievement of a permanency plan for the child;

(3) The reasons the child's placement is stable and the least restrictive setting available and accessible for the child since the most recent hearing;

(4) The services to help maintain the child in the child's existing placement, including all services and benefits available in accordance with State law, regulations, court orders, or stipulated agreements accepted by the court regarding the provision of services to children in out-of-home placements;

(5) The efforts to meet the needs of the child, including the child's health, education, safety, and preparation for independence;

(6) The assignment of a caseworker that is responsible for the case at all times, and that the caseworker has received within 30 days of assignment all pertinent files and information about the case; and

(7) The consideration of both in-State and out-of-State options to finalize the permanency plans.

F. An administrative review shall be conducted by a panel of three or more adults, who may be employees or volunteers of the local department, at least one of whom is not responsible for case management or service delivery to the child, parents, or legal guardian.

G. The written documentation of the periodic review shall be placed in the child's case record.

H. The periodic reviews shall continue until the child exits an out-of-home placement.

Md. Code Regs. 07.02.11.19

Regulation .19 amended effective November 18, 1977 (4:24 Md. R. 1805); May 19, 1978 (5:10 Md. R. 777); June 2, 1978 (5:11 Md. R. 883); August 25, 1978 (5:17 Md. R. 1326); March 23, 1979 (6:6 Md. R. 510); July 27, 1979 (6:15 Md. R. 1270); October 5, 1979 (6:20 Md. R. 1628); September 5, 1980 (7:18 Md. R. 1739); May 24, 1982 (9:10 Md. R. 1018); January 2, 1983 (9:26 Md. R. 2571); February 13, 1984 (11:3 Md. R. 198); July 1, 1985 (12:13 Md. R. 1278); January 13, 1986 (13:1 Md. R. 15); December 15, 1986 (13:25 Md. R. 2657); May 30, 1988 (15:11 Md. R. 1330); February 6, 1989 (16:2 Md. R. 158)
Regulations .19 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)