A. The agency's chief administrator or designee shall:
- (1) Make the results of the foster parent's home study and training evaluation available in writing for the record and for the applicant;
(2) Review charges, investigations, convictions, or findings related to a crime of any household member of the foster parent to determine:
- (a) Possible effect on the applicant's ability to execute the responsibilities of a foster parent; and
- (b) Applicant's ability to provide quality service to children in care;
(3) Deny the certification of an applicant as a foster parent or a certified foster parent’s ability to maintain their certification if the applicant, foster parent, or any of the applicant’s or foster parent’s household members aged 18 or older:
- (a) Refuses to consent to the child protective service clearance and the criminal background check;
- (b) Has an indicated child abuse finding;
(c) Has a conviction:
- (i) For child abuse or neglect, a domestically related assault or battery, any crime against children, including child pornography, rape, sexual assault, sexual offense, homicide, human trafficking, or a crime of violence as defined in Family Law Article, §5-101, Annotated Code of Maryland; or
- (ii) Within the 5 years before the application date, for misdemeanor assault or battery that is not domestically related or a felony offense related to a controlled dangerous substance; or
- (d) Refuses to consent to the Motor Vehicle Administration clearance;
(4) Deny foster parent certification if an applicant has:
- (a) A child abuse or neglect investigation that remains unresolved 120 days after the date on the signed application; or
- (b) Any pending criminal charge listed in §A(3)(c) of this regulation that remains unresolved 120 days after the date on the signed application;
(5) Review local department records to determine whether an applicant is in arrears on child support payments and, if in arrears, whether the arrearage:
- (a) May be corrected; or
- (b) Impacts on the applicant's ability to provide foster care;
- (6) Decide to certify or deny based on all available information, State requirements, and agency policy;
- (7) Notify the applicant in writing of the decision within 120 days after the date on the signed application; and
(8) Have a signed agreement with the certified foster parent which includes the following:
(a) For the foster parent:
- (i) A pledge to serve as foster parent for at least 6 months;
- (ii) Those foster parent's actions which require agency staff authorization;
- (iii) The extent of liability for damage or risk resulting from foster children living with the foster parent;
- (iv) An understanding that certification expires 1 year from the date on the signed agreement; and
- (v) Expectations of the foster parent which support activities to promote the right of a child to relationships with the child's own family and cultural heritage; and
(b) For the agency:
- (i) An understanding that the foster parent shall be reimbursed financially commensurate with the care needs of the child as specified in the service plan and in a timely manner;
- (ii) A pledge that the foster parent shall be treated with dignity, respect, and consideration as a professional member of the agency's child treatment team; and
- (iii) A pledge to inform the foster parent of the date, time, and location of CRBC and administrative reviews of the foster child's case and resulting appropriate recommendations, providing information to assist a foster parent without disclosing confidential information.
- B. An applicant aggrieved by the agency's chief administrator's decision shall be informed orally and in writing that the applicant may file a grievance in accordance with agency policy.
- C. An individual or couple not certified as a foster parent by an agency may not provide care for a foster child.
Authority: Human Services Article, §2-209, Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 42 U.S.C. §621 et seq.; 45 CFR 1355—1357
Effective date: January 12, 2001 (27:26 Md. R. 2357)
Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61)
Regulation .09C amended effective September 30, 2013 (40:19 Md. R. 1543)
Regulation .13A amended effective September 30, 2013 (40:19 Md. R. 1543); February 2, 2026 (53:2 Md. R. 61)
Regulation .14A amended effective September 30, 2013 (40:19 Md. R. 1543)
Regulation .15A, D amended effective September 30, 2013 (40:19 Md. R. 1543)
Regulation .17B amended effective September 30, 2013 (40:19 Md. R. 1543)