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

2. B. Terms Defined.

   1. (1) Abuse.

      1. (a) “Abuse” means:

         1. (i) The physical injury of a youth by any employee under circumstances that indicate the youth's health or welfare is significantly harmed or at risk of being significantly harmed; or
         2. (ii) Sexual abuse of a youth, whether or not physical injuries are sustained.
      2. (b) “Abuse” does not include providing a youth with nonmedical religious remedial care and treatment recognized by State law.
   2. (2) “Department” means the Department of Juvenile Services.
   3. (3) “Duty officer” means the individual designated by the superintendent to make decisions during the superintendent's absence or when the superintendent is unavailable.
   4. (4) “Employee” means any Department employee or any volunteer providing direct or indirect services to a youth in a facility.
   5. (5) “Facility” means a residential program operated and managed by the Department.
   6. (6) “Locked door seclusion” means the placement of a youth in a locked individual room, separate from the youth's room, where a youth is kept for a period of time.
   7. (7) “Restraint” means a mechanical device or a chemical agent which, when used, limits movement of a youth's body or temporarily disables the youth.
   8. (8) “Sexual abuse” means any act that involves sexual molestation or exploitation of a youth by an employee and includes incest, rape, or a sexual offense in any degree, sodomy, and unnatural or perverted sexual practices.
   9. (9) “Superintendent” means the individual who manages a facility.
   10. (10) “Youth” means any individual under care in a facility.

Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland

Effective date: June 22, 1992 (19:12 Md. R. 1136)

Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)