1. (a)

   1. (1) The Board consists of 11 members.

   2. (2) Of the 11 Board members:

      1. (i) Five members shall be appointed as follows:

         1. 1. Two by the Secretary, one each for the Developmental Disabilities Administration and the Behavioral Health Administration;
         2. 2. One by the Secretary of Juvenile Services for the agency;
         3. 3. One by the Secretary of Human Services for the agency; and
         4. 4. One by the State Superintendent of Schools; and
      2. (ii) Six shall be appointed by the Governor.

   3. (3) Of the six appointed by the Governor:

      1. (i) Three shall be program administrators;
      2. (ii) One shall be a residential child and youth care practitioner; and
      3. (iii) Two shall be consumer members.
2. (b) The Governor shall appoint members with the advice and consent of the Senate.

3. (c) Each Board member shall:

   1. (1) Be a United States citizen; and
   2. (2) Have resided in this State for at least 1 year before appointment to the Board.

4. (d) A consumer member of the Board:

   1. (1) May not be a program administrator or a residential child and youth care practitioner;
   2. (2) May not have a household member who is a program administrator or a residential child and youth care practitioner;
   3. (3) May not have a household member who participates in a commercial or professional field related to administering a program; and
   4. (4) May not have had within 2 years before appointment a substantial financial interest in a program regulated by an agency.
5. (e) While a member of the Board, a consumer member may not have a substantial financial interest in a program regulated by an agency.
6. (f) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

7. (g)

   1. (1) The term of a member is 4 years.
   2. (2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2004.
   3. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
   4. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
   5. (5) A member may not serve more than two consecutive full terms.
   6. (6) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.

8. (h)

   1. (1) The Governor may remove a member for incompetence, misconduct, incapacity, or neglect of duty.
   2. (2) On the recommendation of the Children's Cabinet, the Governor may remove a member whom the Children's Cabinet finds to have been absent from two successive Board meetings without adequate reason.

Added by Acts 2004, c. 438, § 2, eff. Oct. 1, 2004. Amended by Acts 2008, c. 218, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 5, eff. April 14, 2009; Acts 2014, c. 460, § 1, eff. July 1, 2014; Acts 2017, c. 62, § 6; Acts 2022, c. 702, § 1, eff. July 1, 2022; Acts 2022, c. 703, § 1, eff. July 1, 2022.