1. A. To access flex funds on behalf of a family, the worker shall:

   1. (1) Determine that the goods or services to be purchased cannot be obtained without cost to the local department; and

   2. (2) Document in the case record how the:

      1. (a) Goods or services to be purchased support the service plan;
      2. (b) Family meets the eligibility criteria and is active in the family service program to which the expenditure is being charged;
      3. (c) Family will benefit from the specified purchase; and

      4. (d) Specified purchase will directly contribute to:

         1. (i) The child's health and welfare;
         2. (ii) Preventing the child's out-of-home placement; or
         3. (iii) Reunifying the child who has been placed out-of-home.
2. B. Families shall be encouraged to contribute toward the cost of purchased items to the extent possible.

3. C. Approval of Expenditures.

   1. (1) The supervisor and the local department director or director's designee may approve all expenditures of flex funds after reviewing the documentation and verifying the appropriateness of the expenditure.
   2. (2) Flex fund expenditures exceeding $1,000 per item require the local department director's or director's designee's signature.
   3. (3) All purchases require the local department to comply with COMAR 21.05.07.

   4. (4) Documentation of the appropriateness of the expenditure shall include written verification of:

      1. (a) Delivery of the item by the vendor; and
      2. (b) Receipt of the item by the family.

4. D. Flex funds may be used to purchase goods and services including, but not limited to:

   1. (1) Parenting education;
   2. (2) Psychiatric or psychological evaluation, testing, and treatment;
   3. (3) Drug or alcohol rehabilitation services;
   4. (4) Vocational training and employment counseling;
   5. (5) Clinical consultation for staff;
   6. (6) Therapeutic family recreation;
   7. (7) Assistance in developing a support network for the family;
   8. (8) Assistance in locating and obtaining housing;
   9. (9) Reimbursement for reasonable transportation costs for family visits, treatment, or employment;
   10. (10) Special educational services such as tutoring, G.E.D. classes, tuition, and standardized test preparation fees;
   11. (11) Personal care supplies, such as clothing and personal hygiene items;
   12. (12) Day care services;
   13. (13) Security deposits and rental assistance on housing;
   14. (14) Deposits or emergency grants to avoid utility terminations;
   15. (15) Medical services or equipment not covered by medical assistance or other resources;
   16. (16) Learning aids such as flash cards, books, games, and computers;
   17. (17) Respite care;
   18. (18) Automobile operating or maintenance costs to enable employment, treatment, or family visitation;
   19. (19) Essential household items such as sheets, blankets, furniture such as beds, tables, and chairs, and appliances such as a stove or refrigerator;
   20. (20) Essential household supplies such as brooms, mops, and cleaning supplies;
   21. (21) Employment tools and equipment, uniforms, and footwear; and
   22. (22) Other items determined to be essential in maintaining the safety and welfare of the family.
5. E. Items such as beds or clothing purchased with flex funds for a child who is temporarily residing outside of the primary home are considered the child's possessions.
6. F. When multiple purchases of similar items whose individual cost exceeds $250 per unit are expected to exceed $5,000 in aggregate cost during the fiscal year, the local department shall solicit competitive bids and enter into written contracts with selected vendors.
7. G. The maximum annual expenditure of flex funds per family may not exceed 80 percent of the average cost of foster care placement for each at-risk child in the family.
8. H. The local department shall submit reports of expenditures of flex funds to SSA within 20 days of the close of each quarter of the fiscal year.

Authority: Courts and Judicial Proceedings Article, §§3-801—3-820; Family Law Article, §§5-524, 5-525, 5-704, 5-709—5-713; Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 42 U.S.C. §620 et seq.; 45 CFR 1355—1357

Effective date: May 4, 1979 (6:9 Md. R. 726)

Regulations .06E and .07 amended effective October 6, 1986 (13:20 Md. R. 2207)

Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective January 8, 1990 (16:26 Md. R. 2787)

Regulations .01—.07 repealed and new Regulations .01—.11 adopted effective September 2, 2002 (29:17 Md. R. 1377)

Regulation .10C amended effective May 1, 2023 (50:8 Md. R. 337)