1. A. A Statement of Need shall be issued by the Department of Human Services or the Department of Juvenile Services before:

   1. (1) A prospective licensee may submit to the Office a proposal for a residential child care program in accordance with COMAR 14.31.02;
   2. (2) An existing or previously licensed residential child care program is relocated to another site;
   3. (3) The physical site of a residential child care program is expanded; or
   4. (4) The number of placements in a residential child care program is increased.

2. B. In developing a statement of need, the Agencies shall:

   1. (1) Consider needs identified in the State Resource Plan and the Interagency Strategic Plan;
   2. (2) Consider the specialized mental, physical, and behavioral health and development needs of children in the county or region affected by the statement of need; and

   3. (3) Give notice and an opportunity to comment on the proposed statement of need to stakeholders in the counties or regions affected by the statement of need, including:

      1. (a) State and local child-serving agencies;
      2. (b) Providers of residential and community-based services for children; and
      3. (c) Children, parents, foster parents, and other guardians.
3. C. When the need for a residential child care program is identified, the Agencies shall publish a notice of a statement of need in the Maryland Register.

4. D. The statement of need shall include:

   1. (1) Identification of the geographic area or areas of need, including the primary region or regions of residence of the children who will be placed in the facility;
   2. (2) Identification of population to be served, including specialized mental, physical, behavioral health, and developmental needs of the children affected by the statement of need;
   3. (3) Description of services that will be provided;
   4. (4) Description of the current availability of the proposed services in the region or regions;
   5. (5) Description of the actual or projected number of children who need the proposed services from the region or regions;
   6. (6) Number of beds required;
   7. (7) Description of the methodology used as the basis for the agency's calculations set forth in a manner that permits independent verification if requested;
   8. (8) Date by which proposals must be submitted;
   9. (9) Date by which beds must be available; and
   10. (10) Selection criteria.
5. E. Proposals for a residential child care program must be submitted to the Office in accordance with COMAR 14.31.02 only in response to a published statement of need.
6. F. The Agencies may not grant a license for a residential child care program unless a statement of need has been issued.
7. G. The Agencies may not delegate their authority to issue a statement of need.
8. H. The Agencies shall perform the licensure for a residential child care program in accordance with the applicable provisions of COMAR 14.31.05.
9. I. The Agencies shall perform an evaluation of responses to requests for proposals, and selection of a contractor in accordance with the applicable provisions of COMAR 21.05.03 and other applicable statutes and regulations.

Authority: Human Services Article, §§2-209, 8-703.1, and 9-204, Annotated Code of Maryland

Effective date: July 26, 2010 (37:15 Md. R. 1000)