1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Appropriate service or placement” means a service, placement, or plan of care provided in accordance with the requirements of applicable federal and State laws, including:

      1. (a) 20 U.S.C. §1400 et seq.;
      2. (b) 42 U.S.C. §§620 and 670 et seq.;
      3. (c) The Child Abuse Prevention and Treatment Act, 42 U.S.C. §5102 et seq.;
      4. (d) The Adoptions and Safe Families Act of 1997 (P. L. 105-89);
      5. (e) Courts and Judicial Proceedings Article, §3-820, Annotated Code of Maryland;
      6. (f) COMAR 13A.05.01 and 13A.05.02;
      7. (g) Health-General Article, Title 15, Annotated Code of Maryland;
      8. (h) Applicable regulations in COMAR 10.09; and
      9. (i) The reauthorization of the Elementary and Secondary Schools Act of 2001, P.L. 107—110 (January 8, 2002).

   2. (2) Child in Need of Out-of-State Placement.

      1. (a) “Child in need of out-of-State placement” means a child who is recommended for or placed in an out-of-home placement outside of the State by a public agency.

      2. (b) “Child in need of out-of-State placement” does not include a child:

         1. (i) Placed in foster care, as defined in Family Law Article, §5-501, Annotated Code of Maryland; or
         2. (ii) Who is in a hospital for 30 continuous days or less.

   3. (3) “Child with intensive needs” means a child who has behavioral, educational, developmental, or mental health needs that cannot be met through available public agency resources because:

      1. (a) The child’s needs exceed the resources of a single public agency; or
      2. (b) There is no legally mandated funding source to meet the child’s needs; or
      3. (c) A child is in need of out-of-State placement.

   4. (4) “Children’s Cabinet” means those agencies directed by Executive Order:

      1. (a) To examine Maryland’s system of services to children and their families; and
      2. (b) To facilitate ongoing improvements to this service delivery system.
   5. (5) “Cost sheet” means a document which details the cost of needed services.

   6. (6) “Family” means an eligible child’s natural, adoptive, or foster parents, and includes:

      1. (a) A guardian;
      2. (b) A person acting as parent of a child; and
      3. (c) A relative or stepparent with whom a child lives.
   7. (7) “Funding agency” means the State or local agency designated by State or federal law as responsible for funding or cofunding educational, residential, or treatment services identified in a child’s plan of care.
   8. (8) “Funding letter” means a document generated by the Governor’s Office for Children detailing the cost of educational, residential, or treatment services and the designated funding agencies.
   9. (9) “Hospital” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.
   10. (10) “Local agency” means the local school system, the local management board, and any local or regional departments, divisions, or offices of the State agencies identified in §B(19) of this regulation.
   11. (11) “Local Care Team (LCT)” means the interagency body established in each local subdivision in the State for the purpose of providing a forum for interagency discussions and problem solving and offering referrals and information for families of children with intensive needs.
   12. (12) “Local Management Board (LMB)” means the interagency body established by each local jurisdiction in the State for the purpose of overseeing and ensuring the implementation of a local interagency delivery system for children, youth, and families in that jurisdiction.
   13. (13) “Notification” means the submission of completed documents as determined and required by the State Coordinating Council.

   14. (14) “Out-of-State placement” means the placement of a child with intensive needs in a residential facility outside of the State for which State funding is sought, including:

       1. (a) Alternative living units;
       2. (b) Group homes;
       3. (c) Hospitals;
       4. (d) Residential facilities for children with disabilities;
       5. (e) Residential treatment centers;
       6. (f) Wilderness programs; and
       7. (g) Other out-of-home settings as needed or appropriate to meet the intensive needs of a child.
   15. (15) “Parent advocate” means an individual who is trained by and actively participates in a parents’ support or advocacy organization whose purpose is to support families of children with intensive needs.
   16. (16) “Parent or guardian” means the parent, guardian, or person with legal authority to make decisions regarding the placement or other services provided by public agencies to a child with intensive needs..

   17. (17) “Plan of care” means the plan developed for the out-of-home placement of a child with intensive needs consistent with:

       1. (a) The child’s individualized education program, if the child is a student with disabilities;
       2. (b) Any court-ordered services;
       3. (c) Services covered and authorized under the Maryland Medical Assistance Program if the child is eligible for medical assistance under Health-General Article, Title 15, Annotated Code of Maryland; or
       4. (d) Any other service or program mandated by federal or State law with respect to the individual child.
   18. (18) “Review” means the SCC discussion of aggregated data compiled by GOC from the notifications submitted by the State placing agencies.

   19. (19) “State agency” means the:

       1. (a) Maryland Department of Health;
       2. (b) Department of Human Services;
       3. (c) Department of Juvenile Services;
       4. (d) Governor’s Office for Children; and
       5. (e) Maryland State Department of Education.

   20. (20) “State Coordinating Council (SCC)” means the State interagency body established as a committee of the Children’s Cabinet and which is responsible for:

       1. (a) Reviewing and tracking the types, costs, and effectiveness of services required to meet the needs of children who are recommended for out-of-State placements;
       2. (b) Coordinating the monitoring of out-of-State placement services to children with intensive needs; and
       3. (c) Performing additional functions in accordance with the directives of the Children’s Cabinet.

Authority: Education Article, §§8-103—8-303 and 8-401—8-417; Health-General Article, §§2-102, 2-104, 2-105, 4-305—4-307, 7-1007, 10-204, 10-712, 10-1203, and 15-102.1; Human Services Article, §§2-202, 2-203, 2-209, 4-204, 4-205, 4-207, 9-202, 9-204, and 9-221; Annotated Code of Maryland

Effective date: September 3, 2001 (28:17 Md. R. 1552)

Chapter revised effective April 12, 2004 (31:7 Md. R. 581)

COMAR 01.04.01 revised and recodified to COMAR 14.31.01 as an emergency provision effective June 30, 2005 (32:15 Md. R. 1314); revised and recodified permanently effective November 28, 2005 (32:23 Md. R. 1828)

Regulations .01—.04 and .06—.14, Local and State Coordinating Councils, repealed and new Regulations .01—.04 and .06—.09, Local Care Teams and State Coordinating Council, adopted effective March 31, 2014 (41:6 Md. R. 381)

Regulation .05 repealed and new Regulation .05 adopted effective October 13, 2014 (41:20 Md. R. 1113)