Md. Code, Human Services, Title 9

Md. Code, Human Services, Title 9
in effect

Md. Code, Human Services § 9-101

(a) In this title the following words have the meanings indicated. (b) “Department” means the Department of Juvenile Services. (c) “Secretary” means the Secretary of Juvenile Services.

Md. Code, Human Services § 9-202

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Juvenile Services. (2) The Secretary is the head of the Department. (b) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. (c) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. (2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters. (d) The Secretary is entitled to the compensation provided in the State budget. (e) The Secretary shall have a seal.

Md. Code, Human Services § 9-203

(a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. (b) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

Md. Code, Human Services § 9-204

(a) The Secretary shall carry out and enforce this title, the regulations of the Department, and any other provision of law that relates to the Secretary or the Department. (b) (1) The Secretary may adopt regulations to carry out the provisions of law that are within the jurisdiction of the Secretary. (2) The Secretary shall review and may revise the regulations of: (i) each unit in the Department that is authorized by law to adopt regulations; and (ii) the Department. (c) The Secretary is responsible for the budget of the Department and for the budget of each unit in the Department. (d) The Secretary may create any advisory council that the Secretary considers necessary and assign appropriate functions to it. (e) (1) The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates. (2) The Secretary shall keep fully apprised of plans, proposals, and projects of each unit in the Department and, except as expressly provided otherwise, may approve, disapprove, or modify any of them. (f) (1) The Secretary shall develop a State Comprehensive Juvenile Services 3–Year Plan. (2) The Plan shall: (i) include an inventory of all in–day treatment programs and residential care programs and an accounting of the residence of all clients; (ii) include an inventory of nonresidential treatment programs; (iii) specify the needs of the various areas of services for clients, including alcohol and drug abuse rehabilitation services; (iv) specify the needs of clients, including predelinquent diversion services programs; (v) establish priorities for the different services needed; (vi) set standards for the quality of residential services and outreach services; (vii) include a program dedicated to reducing recidivism rates of clients; (viii) include programs dedicated to diverting children from the juvenile justice system; (ix) include programs developed for youth at the highest risk of becoming victims or perpetrators of gun violence; (x) include programs developed specifically for individuals at least 10 years old and under the age of 15 years who are at the highest risk of becoming victims or perpetrators of gun violence; (xi) include programs developed for youth involved in motor vehicle theft; and (xii) include any other matters that the Secretary considers appropriate. (3) The Plan shall be revised for each fiscal year and submitted, subject to § 2–1257 of the State Government Article, to the General Assembly by February 1 of each year. (g) (1) The Secretary is responsible for the development, implementation, and maintenance of a comprehensive client information system, including an individual current record on each child, that is integrated in and accessible to the various units of the Department. (2) The Secretary shall undertake efforts to link the system to the Maryland Department of Health and the Department of Human Services for the purpose of allowing the exchange of information on clients served by each department. (3) Each employee using the information shall protect the confidentiality of client records. (h) (1) Except as otherwise expressly provided by law, the Secretary may transfer, by regulation or written directive, any function, staff, or funds from any unit in the Department to the office of the Secretary or another unit in the Department. (2) Any staff transferred to the office of the Secretary shall be provided space, equipment, and services by the unit from which the staff was transferred, unless the Secretary orders removal to another location for the proper and efficient functioning of that office. (i) (1) On or before January 1 of each year, the Secretary shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the recidivism rates of children committed to the Department for placement in residential care. (2) The report shall include: (i) recidivism rates for all children committed to the Department for placement in residential care; (ii) recidivism rates by region for all children committed to the Department for placement in residential care; and (iii) recidivism rates for each residential care program in which a child committed to the Department is placed. (3) The report shall include data from the prior 3 fiscal years. (4) The report shall include recidivism rates that are calculated for 1 year and 3 year time frames.

Md. Code, Human Services § 9-205

Each unit in the Department shall report to the Secretary as provided in the regulations or written directives that the Secretary adopts.

Md. Code, Human Services § 9-206

(a) With the approval of the Governor, the Secretary may appoint three deputy secretaries as necessary. (b) The deputy secretaries: (1) serve at the pleasure of the Secretary; and (2) are entitled to the compensation provided in the State budget. (c) The deputy secretaries have the duties provided by law or delegated by the Secretary. (d) The Secretary shall designate a deputy secretary to be the Acting Secretary when the Secretary is absent from the State or otherwise unavailable.

Md. Code, Human Services § 9-207

(a) In accordance with the State budget, the Secretary may employ a staff and retain consultants. (b) (1) (i) The Secretary shall appoint: 1. any assistant secretary; 2. any director of an institution; 3. the superintendent of the youth centers; and 4. the managing director, deputy director, and director of detention at the Baltimore City Juvenile Justice Center. (ii) An employee of the Department specified in subparagraph (i) of this paragraph: 1. is in the executive service or management service of the State Personnel Management System; and 2. serves at the pleasure of the Secretary. (2) Each teacher who does not hold a certificate under Title 6, Subtitle 1 of the Education Article, principal, director of education, and supervisor of vocational education who is employed by an institution managed by the Department is in the management service of, or is a special appointment in, the State Personnel Management System. (3) Unless otherwise provided by law, the Secretary shall appoint and remove all staff in accordance with the State Personnel and Pensions Article. (c) (1) Unless the Secretary grants express permission, an employee of the Department who is subject to subsection (b)(1) of this section may not engage in other employment while employed by the Department. (2) The Secretary may not unreasonably withhold express permission to engage in other employment. (3) If the Secretary grants permission to engage in other employment, the employee shall disclose to the Secretary the source and amount of all income earned from that other employment. (d) (1) The appointment or removal of staff of a unit in the Department is subject to the approval of the Secretary. (2) The Secretary may delegate the power of approval established under paragraph (1) of this subsection to the head of the unit. (e) The Department shall: (1) adopt a code of conduct for staff of the Department; and (2) require each private agency under contract with the Department to adopt a code of conduct for its staff that is in substantial compliance with the code of conduct for staff of the Department.

Md. Code, Human Services § 9-208

In cooperation with the Secretary of Budget and Management, the Secretary shall: (1) set minimum salaries, qualifications, and standards of training and experience for the positions in the Department; and (2) for employees who desire training in addition to in-service training and whose service records show merit, provide: (i) educational subsidies, scholarships, and stipends; and (ii) institutes, conferences, and classes.

Md. Code, Human Services § 9-209

(a) (1) On or before the first day of employment with the Department, the Department shall apply to the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services for a federal and State criminal history records check for each employee of the Department. (2) The Criminal Justice Information System Central Repository shall provide the requested information in accordance with Title 10, Subtitle 2 of the Criminal Procedure Article. (3) If criminal history record information is reported to the Criminal Justice Information System Central Repository after the date of the criminal history records check, the Criminal Justice Information System Central Repository shall provide to the Department and the employee a revised printed statement of the employee’s criminal history record information. (b) As part of the application for a criminal history records check, the Department shall submit to the Criminal Justice Information System Central Repository: (1) a complete set of the employee’s legible fingerprints taken on standard fingerprint cards; (2) the mandatory processing fee required by the Federal Bureau of Investigation for a federal criminal history records check; and (3) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.

Md. Code, Human Services § 9-210

(a) The Attorney General is the legal adviser to the Department. (b) The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and, as provided in the State budget, any additional assistant Attorneys General necessary to give effective legal advice and counsel. (c) (1) The Attorney General shall designate one of the assistant Attorneys General as counsel to the Department. (2) The counsel to the Department may have no duty other than to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. (3) The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and supervision of the Attorney General. (4) After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.

Md. Code, Human Services § 9-216

(a) The Department is the central administrative department for: (1) juvenile intake, detention authorization, community detention, investigation, probation, protective supervision, predelinquent diversion services, and aftercare services; and (2) the State juvenile diagnostic, training, detention, and rehabilitation institutions. (b) The Department shall: (1) develop programs for predelinquent children whose behavior tends to lead to contact with law enforcement agencies; (2) promote predelinquent programs, including greater utilization of youth services bureaus under § 9–234 of this subtitle, that provide services to divert children from the juvenile justice system; (3) collaborate with local governments to encourage the use of predelinquent programs provided by youth services bureaus under § 9–234 of this subtitle in response to identified community needs; and (4) provide technical assistance to local governments and youth services bureaus under § 9–234 of this subtitle to identify alternative funding sources for predelinquent programs.

Md. Code, Human Services § 9-217

The Department may: (1) designate any public or private agency or organization in the State as its agent for the purposes of this title; and (2) spend funds to aid that agent or to buy services from it or, if adequate services are not available in the State, to buy services from an agency or organization outside the State.

Md. Code, Human Services § 9-218

(a) (1) The Secretary may apply for, receive, and spend federal funds available for use in carrying out the powers and duties of the Secretary or the Department. (2) The Department may: (i) accept, manage, and dispose of federal funds and commodities; and (ii) take advantage of any available federal program or grant or other public or private assistance that accomplishes or furthers the objectives of this title. (b) (1) With the approval of the Secretary of Budget and Management, the Department shall accept, on behalf of the State, a conditional or unconditional gift or grant. (2) The Department shall pay all funds collected under paragraph (1) of this subsection into a special fund of the State Treasury and use the special fund to carry out the provisions of this title. (c) Except as provided in subsection (b) of this section or otherwise provided by law, the Secretary shall pay all money collected by the Department under this title into the General Fund of the State.

Md. Code, Human Services § 9-219

(a) (1) In this section, “confidential research record” means a record, report, statement, note, or other information that: (i) is assembled or obtained for research or study by the Department or the Secretary; and (ii) names or otherwise identifies a person. (2) “Confidential research record” includes a record that was transferred to the custody of the Department by a predecessor agency. (b) Each confidential research record shall remain in the custody and control of the Department. (c) A confidential research record may be used only for the research and study for which it was assembled or obtained. (d) A person may not disclose a confidential research record to any person who is not engaged in the research or study for which it was assembled or obtained. (e) This section does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of a confidential record.

Md. Code, Human Services § 9-220

The Department shall have a unit for research and development that shall: (1) compile accurate statistics and reliable information on all aspects of the juvenile program of the State; (2) monitor current developments in the field of juvenile services; (3) assess existing programs and activities, including youth services bureaus; (4) help develop new or improved means, including greater utilization of youth services bureaus under § 9-233 of this subtitle, to prevent juvenile offenses and control and treat juvenile offenders; (5) if necessary, initiate studies to help the Secretary in general planning and program development for the Department; and (6) for these and related purposes, use research and information available from all sources.

Md. Code, Human Services § 9-221

(a) To carry out the objectives of this title, the following State units shall cooperate fully with the Department: (1) the State Department of Education; (2) the Department of General Services; (3) the Maryland Department of Health; (4) the Department of Human Services; (5) the Maryland Department of Labor; (6) the Department of Public Safety and Correctional Services; and (7) each other agency needed to accomplish these objectives. (b) (1) The Department shall cooperate with the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article by: (i) providing the Unit with access to all facilities, reports, and records relating to a child on request; (ii) allowing the juvenile justice monitors to conduct interviews with staff, children, and any other individuals on request; and (iii) submitting corrective action plans and incident reports to the Unit in response to findings and recommendations made by the juvenile justice monitors regarding a facility. (2) (i) The Department shall respond to requests for information from a juvenile justice monitor concerning a facility within 30 days after the date of the request. (ii) If the Department does not respond to a request for information, the monitor may conduct a reasonable investigation relating to the original request for information. (c) The Department shall cooperate with the State Department of Education to establish educational programs as required under Title 22, Subtitle 3 of the Education Article.

Md. Code, Human Services § 9-222

(a) Title 3, Subtitle 8A of the Courts Article governs detention, adjudication, disposition, and place and period of commitment of children in need of supervision and delinquent children. (b) The Department shall be subject to State finance and procurement laws under the State Finance and Procurement Article.

Md. Code, Human Services § 9-224

On or before October 1, 2025, and each October 1 thereafter, the Department shall report to the Senate Judicial Proceedings Committee and the House Judiciary Committee, in accordance with § 2–1257 of the State Government Article, on: (1) efforts by the Department to promote predelinquent programs, including youth service bureaus; (2) efforts by the Department to collaborate with and provide technical assistance to local governments regarding the establishment, use, and funding of youth service bureaus; (3) an assessment of the programs and activities conducted by youth service bureaus; and (4) any other efforts to prevent youth offenses.

Md. Code, Human Services § 9-226

(a) The Department may establish and operate the facilities that are necessary to properly diagnose, care for, educate, and rehabilitate children who need these services. (b) The facilities described in subsection (a) of this section include: (1) the Alfred D. Noyes Children’s Center; (2) the Baltimore City Juvenile Justice Center; (3) the Charles H. Hickey, Jr. School; (4) the Cheltenham Youth Facility; (5) the Lower Eastern Shore Children’s Center; (6) the Thomas J. S. Waxter Children’s Center; (7) the Victor Cullen Center; (8) the Western Maryland Children’s Center; (9) the Garrett Children’s Center; and (10) the youth centers.

Md. Code, Human Services § 9-227

(a) Each facility described in § 9-226 of this subtitle shall operate under the control and general management of the Department. (b) The Department shall: (1) subject to Title 3, Subtitles 8 and 8A of the Courts Article, adopt regulations that set: (i) policies for detention authorization, community detention, admission, transfer, discharge, and aftercare supervision; and (ii) standards of care, including provisions to administer any early, periodic screening diagnosis and treatment program that the Department approves for establishment under 42 U.S.C., § 1396d(a)(4)(B) and to treat appropriately any condition that the screening reveals; (2) adopt regulations applicable to residential facilities it operates that: (i) prohibit the use of locked door seclusion and restraints as punishment and describe the circumstances under which locked door seclusion and restraints may be used; and (ii) prohibit abuse of a child; and (3) adopt regulations that require each State residential program to provide: (i) medical and mental health assessment services; (ii) alcohol abuse and drug abuse assessment services; (iii) either alcohol abuse and drug abuse referral services or an alcohol abuse and drug abuse treatment program that has been certified in accordance with the requirements of Title 8 of the Health – General Article; and (iv) a safe, humane, and caring environment. (c) (1) The Department shall adopt a policy to govern disciplinary actions and grievances in its facilities. (2) The policy shall: (i) require preparation of a written report of any disciplinary action taken against a child or of any grievance made by or on behalf of a child; (ii) require that each written report be forwarded to and reviewed by the administrative head of the facility; and (iii) require the Department to forward in a timely manner all reports of disciplinary actions, grievances, and grievance dispositions from each facility to the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article. (d) In each facility, the Department shall develop special programs that are designed to meet the particular needs of its residents. (e) Subject to Title 3, Subtitles 8 and 8A of the Courts Article, the Department shall order any necessary changes in the policy, conduct, or management of a State residential program to provide adequate care for the children and adequate services to the courts.

Md. Code, Human Services § 9-228

Before the Department requests a bond issue from the General Assembly to build or renovate a facility, the Department shall consult on the proposed construction or renovation plans with the governing body of: (1) the county where the facility is to be built or renovated; and (2) each county to be served by the facility.

Md. Code, Human Services § 9-229

(a) The Department shall operate and manage the Baltimore City Juvenile Justice Center as a centralized regional juvenile intake, assessment, court, and detention facility for Baltimore City. (b) The Baltimore City Juvenile Justice Center shall include: (1) the Department; (2) the Juvenile Division of the Circuit Court for Baltimore City; (3) an office of the State’s Attorney for Baltimore City; (4) an office of the Baltimore City Department of Social Services; (5) Baltimore City police services; and (6) courthouse security services of the Sheriff of Baltimore City. (c) If a child who is delinquent or is alleged to have committed a delinquent act is taken into custody by a law enforcement officer and brought to the Baltimore City Juvenile Justice Center, the Department, in conjunction with Baltimore City police services, shall: (1) for purposes of positive identification, obtain photographs and fingerprints and submit them to: (i) the Criminal Justice Information System Central Repository; and (ii) any other automated juvenile justice information system or repository approved by the Secretary; (2) conduct a criminal and juvenile history records check; and (3) conduct an automated search for outstanding warrants and writs of attachment. (d) (1) After the processing of fingerprints, the Criminal Justice Information System Central Repository shall provide to the Department, in accordance with State and federal law, information concerning children taken into custody under subsection (c) of this section. (2) Information concerning a child disseminated from the Criminal Justice Information System Central Repository is a police record under § 10-101(h) of the Criminal Procedure Article and may not be redisseminated except in accordance with § 3-8A-27(a) of the Courts Article. (e) Subject to the authority of the Secretary: (1) the managing director of the Baltimore City Juvenile Justice Center is its chief administrator; and (2) the director of detention of the Baltimore City Juvenile Justice Center is its administrator of juvenile detention.

Md. Code, Human Services § 9-231

(a) The Department may place children in group homes and institutions operated by nonprofit or for-profit entities to provide for their care, diagnosis, training, education, and rehabilitation. (b) (1) The Department shall reimburse the entities described in subsection (a) of this section for the cost of the services at appropriate monthly rates that the Department determines, as provided in the State budget. (2) The Department may establish different reimbursement rates for homes and institutions that provide intermediate services and homes and institutions that provide full services. (c) The Department may not place a child in a group home or other residential facility that is not operating in compliance with applicable State licensing laws.

Md. Code, Human Services § 9-233

(a) In this section, “youth services bureau” means a community–based entity that is operated: (1) to provide community–oriented delinquency prevention, youth suicide prevention, drug and alcohol abuse prevention, and youth development; (2) to ameliorate conditions that contribute to delinquency, youth suicide, drug and alcohol abuse, and family disruption; and (3) to function as an advocate of youth needs. (b) (1) The Department shall adopt regulations that set eligibility guidelines for State funding of youth services bureaus under this section. (2) The regulations shall require that each youth services bureau that receives State funding: (i) provide, at convenient hours: 1. individual, family, or group counseling; 2. referral and information services; 3. crisis intervention, including intervention relating to youth suicide prevention; 4. alcohol and drug abuse assessment and referral services by staff who have received substance abuse assessment and referral training from the Office of Education and Training for Addiction Services (OETAS) in the Maryland Department of Health or from any other entity that the Secretary determines to be qualified to provide substance abuse assessment and referral training; 5. informal counseling; and 6. in accordance with the needs of the community and subject to the availability of funds: A. tutoring; B. alternative leisure activities; C. employment assistance; D. community education, including training and information relating to youth suicide prevention; E. aftercare services; and F. other specialized services; (ii) subject to subsection (c)(2) of this section, provide the services described in item (i) of this paragraph free of charge or at a rate that its board of directors establishes, in consultation with the Department, that is based on the client’s family income; and (iii) dispose of all information and records on each individual receiving services from the youth services bureau 5 years after services to the individual terminate. (c) (1) A youth services bureau may retain any fees charged under subsection (b)(2)(ii) of this section. (2) The fees authorized under subsection (b)(2)(ii) of this section do not apply to youth referred to a youth services bureau by court order. (d) (1) The Department shall: (i) monitor the operations of each youth services bureau that receives State funding; (ii) evaluate annually the effectiveness of each youth services bureau; and (iii) discontinue funding a youth services bureau that is ineffective or that, for 2 years, fails to meet the eligibility guidelines for State funding. (2) The Department shall review and approve or disapprove an application for State funding of a youth services bureau or proposed youth services bureau. (e) (1) (i) The State and the local government shall jointly fund an eligible youth services bureau. (ii) The State shall provide 75% of the funding for an eligible youth services bureau, as provided in the State budget. (2) At the times that the Department specifies, each eligible youth services bureau shall submit a proposed annual budget to the Department for review and approval. (3) The proposed budget of the Department shall list the eligible youth services bureaus and estimate the amount of State funds to be allocated to each. (4) (i) The local governing body that provides the matching funds for an eligible youth services bureau may choose to have the State funds for the youth services bureau paid directly to its private sponsor or to the local governing body. (ii) Before the State funds are paid, the fiscal officer of the local government shall certify in writing the source of the matching funds provided by the local government.

Md. Code, Human Services § 9-234

(a) The General Assembly intends that: (1) all children whose care is the responsibility of the State shall have similar protection for their health, their safety, and the quality of their care; and (2) the regulations of State units that are charged with child care shall be comparable. (b) The Department shall adopt regulations: (1) to carry out §§ 9–235 and 9–236 of this subtitle; and (2) that require each juvenile care facility to: (i) 1. establish and implement a safety plan for the safety of juveniles under the care of the facility; or 2. implement a safety or emergency plan established for the facility for another purpose; and (ii) revise the safety plan not less than every 5 years. (c) A child care home or child care institution may not be required to obtain a license from more than one State unit. (d) A State unit authorized to license child care homes or child care institutions may make a cooperative licensing arrangement with another State unit.

Md. Code, Human Services § 9-235

(a) Except as provided in subsection (b) of this section, a person shall be licensed by the Department as a child care home before the person may exercise care, custody, or control over a child who is alleged to be or is adjudicated delinquent or in need of supervision. (b) This section does not apply to: (1) a parent of the child; (2) an individual related to the child by blood or marriage within 4 degrees of consanguinity under the civil law rule; (3) a guardian of the child; (4) a person who exercises temporary custody or control over the child at the request of a parent or guardian of the child and who is not required otherwise to be licensed; (5) a person who has the care, custody, or control of the child through placement by a parent or grandparent of the child in contemplation of adoption, if the requirements of § 5–507(b)(2) and (c) of the Family Law Article are met; (6) an institution that has a child care institution license under this subtitle or § 5–509 of the Family Law Article; (7) an institution operated by a unit of the State or a political subdivision; or (8) a foster care provider with whom the child is placed by: (i) a licensed child placement agency; (ii) a local department of social services; (iii) the Secretary of Health; (iv) the Department; or (v) a court of competent jurisdiction.

Md. Code, Human Services § 9-236

(a) Except as otherwise provided in subsection (b) of this section, a person shall be licensed by the Department as a child care institution before the person may operate an institution for the care, custody, or control of a child alleged to be or adjudicated delinquent or in need of supervision. (b) This section does not apply to: (1) an institution or facility operated by a unit of the State or a political subdivision; or (2) a child care home that has a license under this subtitle or § 5-508 of the Family Law Article.

Md. Code, Human Services § 9-237

(a) The Department shall adopt regulations that set standards for juvenile detention facilities operated by the Department and by private agencies under contract with the Department. (b) The standards shall reflect the following central purposes of juvenile detention: (1) to protect the public; (2) to provide a safe, humane, and caring environment for children; and (3) to provide access to required services for children. (c) The standards shall include provisions establishing: (1) a policy that eliminates the unnecessary use of detention and that prioritizes diversion and appropriate nonsecure alternatives; (2) criteria for the placement of a child in a particular juvenile detention facility; (3) population limits for each juvenile detention facility that may not be exceeded except in emergency circumstances; (4) a requirement that staffing ratios and levels of services be maintained during emergencies; (5) specifications for the architectural structure of a juvenile detention facility; (6) staff qualifications and training, including training in recognizing and reporting child abuse and neglect; (7) the ratio of staff to children in a juvenile detention facility; (8) the rights of children in a juvenile detention facility, including the right to privacy, visitors, telephone use, and mail delivery; (9) prohibitions against the use of excessive force against a child; (10) internal auditing and monitoring of programs and facilities in the juvenile services system; (11) prohibitions against the use of physical restraints on an individual known to be in the third trimester of pregnancy or during labor, delivery, or postpartum recovery, including during all transports, unless a facility superintendent or the facility superintendent’s designee determines that a physical restraint is necessary to protect the individual from harming herself or others or to prevent the individual’s escape from custody; and (12) a policy concerning a safety plan for the safety of juveniles detained in a facility, including: (i) the means to implement the safety plan or a safety or emergency plan established for the facility for another purpose; and (ii) a requirement that the safety plan be revised not less than every 5 years. (d) The standards shall be consistent with this title and Title 3, Subtitle 8A of the Courts Article.

Md. Code, Human Services § 9-238.1

§9–238.1. (a) The Department shall serve children in the juvenile services system with programming that: (1) ensures the safety of the community and the children served; (2) holds delinquent children accountable to victims and communities; (3) assists children to develop competencies to become successful members of society; (4) delivers services on a regional basis through at least four operational regions; (5) (i) ensures that each committed facility owned by the Department serves no more than 48 children at one time; and (ii) ensures that each committed facility licensed by the Department serves no more than 48 children at one time, unless the Secretary finds good cause for a committed facility licensed by the Department to serve more than 48 children at one time; (6) uses detention and committed facilities that are operationally separate from each other and that do not share common program space, including dining halls and educational or recreational facilities; and (7) provides females with a range and quality of services and programs to meet their specific needs, including: (i) diversion programs; (ii) community detention services and programs; and (iii) reentry services and programs. (b) A region shall: (1) include at least one secure facility used solely for children pending court disposition and children awaiting placement after disposition; (2) except for specialized services as provided in subsection (c) of this section, include a number of committed facilities estimated to be necessary to diagnose, care for, train, educate, and properly rehabilitate every child from the region in the custody of the Department; and (3) include a nonpublic facility only if the Department determines that the facility: (i) has provided or will efficiently and effectively provide adequate care for the children placed in the facility; and (ii) has demonstrated or will demonstrate a record of success based on standards promulgated by the Department. (c) The Department may place a child into a committed facility outside the child’s region if a determination is made by the Department that specialized services for the child require the placement in the best interests of the child.

Md. Code, Human Services § 9-239

By regulation, the Department shall set standards for nonsecure alternatives for the placement of a child committed under § 3-8A-19 of the Courts Article.

Md. Code, Human Services § 9-240

(a) (1) In this section the following words have the meanings indicated. (2) “Step-down aftercare” means: (i) a network of programs that provide education and rehabilitation; and (ii) services and treatment to ease the transition of children from the custody of the Department to their homes and communities. (3) “Step-down aftercare plan” means an individualized plan for each child in step-down aftercare that proposes specific assistance, guidance, treatment, services, and supervision that: (i) prepares the child for reentry into the specific community to which the child will return; (ii) ensures the delivery of prescribed services to the child in the community; and (iii) monitors conduct in the community to ensure public safety. (b) (1) A child discharged from a committed residential placement shall receive step-down aftercare for the period that the Department determines. (2) A child in step-down aftercare shall receive: (i) a step-down aftercare plan; (ii) supervision by step-down aftercare staff in accordance with the step-down aftercare plan; (iii) educational services; and (iv) any other services necessary to implement the step-down aftercare plan. (c) The step-down aftercare staff shall: (1) prepare a step-down aftercare plan for each child assigned to the step-down aftercare program and file the plan with the Department; (2) keep regular records concerning the progress of each child; (3) file with the Department a monthly progress report on each child; and (4) file with the Department an annual report on the outcome of step-down aftercare plans for the children in the step-down aftercare program, that includes to the extent possible: (i) information on the number of children who: 1. are rearrested; 2. are rearrested and charged with serious or violent offenses; 3. are rearrested and waived to the adult system; 4. are re-referred to the Department; 5. are readjudicated and recommitted; 6. graduate from high school or successfully complete a high school equivalency examination; and 7. are employed; and (ii) other relevant information.

Md. Code, Human Services § 9-240.1

§9–240.1. (a) (1) The Secretary shall establish a Program to attempt to provide a volunteer mentor for each child in the State who has spent at least 30 days in a committed placement. (2) The Program shall be called “Maryland Rising”. (b) The purpose of the Program is to provide individualized attention to a child: (1) to decrease the child’s delinquent or violent behavior in the community; and (2) to increase the child’s potential for becoming a productive, successful member of the community. (c) (1) To carry out the purpose of the Program, the Department shall develop a statewide network of State agencies, community agencies, citizen action groups, social services providers, volunteer organizations, college student groups, and other groups who will recruit volunteer mentors for the Program. (2) A mentor shall have frequent contact with the child and may provide the following services to the child: (i) informal counseling; (ii) tutoring; (iii) assisting the child with life skills training; (iv) working with the child’s family or guardian; (v) interacting with the child’s school or employer, if necessary; and (vi) other individualized support services that help the child avoid negative behaviors and become a successful, productive member of the community. (d) The Department may adopt regulations to implement this section.

Md. Code, Human Services § 9-241

(a) The Secretary shall establish programs for juvenile intake, predelinquent diversion services, community detention, investigation, probation, and aftercare services. (b) (1) Except for predelinquent diversion services, the Secretary shall provide sufficient staff to operate the programs described in subsection (a) of this section. (2) The staff of the Department is under the immediate direction and control of the Secretary.

Md. Code, Human Services § 9-242

The Secretary shall hold institutes, conferences, and other programs to familiarize the judiciary, the Baltimore City Social Services Commission and other boards of local departments of social services, citizens action groups, and other interested persons with the functions and programs of the Department.

Md. Code, Human Services § 9-243

(a) If requested by a juvenile court or by any other court in a proceeding that involves the interest of a minor, the Department shall provide the services described in this title. (b) The Department shall provide the employees necessary for any services that a juvenile court orders. (c) The Department shall cooperate with the juvenile court in carrying out the objectives of this title and Title 3, Subtitles 8 and 8A of the Courts Article.

Md. Code, Human Services § 9-244

(a) The Secretary shall: (1) study the problem of the units of work that are involved in the juvenile courts; and (2) establish a system for units of work. (b) (1) On the basis of the comparative workload of any juvenile court, the Secretary shall provide the court with adequate staff and an adequate variety of staff. (2) Unless the judges of the court consent, a juvenile court may not be assigned a smaller staff than authorized as of July 1, 1986. (c) (1) Within the formula described in this section, a judge of any juvenile court may request the additional clerical and professional court service staff that the workload of the court requires. (2) The Secretary shall consider and respond to a request under paragraph (1) of this subsection in accordance with §§ 9-241 and 9-243 of this subtitle.

Md. Code, Human Services § 9-245

(a) In this section, “foster parent” includes an individual who cares for a child on an emergency basis under a shelter care program. (b) (1) The Department shall provide liability insurance for foster parents who care for children under foster parent programs. (2) Subject to a reasonable deductible limit that the Department sets, the liability insurance shall cover: (i) bodily injury and property damage that a foster child causes to the person or property of a person other than a foster parent; and (ii) actions against a foster parent by a parent for any accidental injury to the foster child. (c) (1) Subject to paragraph (2) of this subsection, the Secretary shall reimburse a foster parent for the costs of bodily injury or property damage that the foster child causes to the foster parent and that insurance does not cover, if the Secretary is satisfied that the actions of the foster parent did not contribute substantially to the bodily injury or property damage. (2) (i) Reimbursement under this subsection may not exceed $5,000. (ii) Reimbursement exceeding $2,000 requires the approval of the Board of Public Works.

Md. Code, Human Services § 9-246

(a) In this section, “fund” means a youth welfare fund. (b) (1) There is a youth welfare fund in each facility of the Department of Juvenile Services. (2) A fund shall be used for goods and services that benefit the general youth population in the facility. (c) (1) Each fund is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) Each fund consists of: (i) profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions for the facility; and (ii) subject to paragraph (3) of this subsection, money received from other sources. (3) Money from the General Fund of the State may not be transferred by budget amendment or other manner to a fund. (d) (1) The Treasurer shall hold each fund separately, and the Comptroller shall account for each fund. (2) Each fund is subject to an audit by the Office of Legislative Audits under § 2–1220 of the State Government Article. (3) (i) Each fund shall be invested and reinvested in the same manner as other State funds. (ii) Any investment earnings are not a part of the fund. (e) The Comptroller shall pay out money from each fund as appropriated in the State budget.

Md. Code, Human Services § 9-247

(a) On or before December 1, 2024, and each December 1 thereafter, the Department shall report to the Commission on Juvenile Justice Reform and Emerging and Best Practices and, in accordance with § 2–1257 of the State Government Article, the General Assembly on: (1) the number of juveniles under the Department’s supervision in the preceding year who: (i) were nonfatally shot; (ii) shot another individual; or (iii) were victims of a homicide; (2) the actions that the Department took after the incidents described in item (1) of this subsection, including the timeline of the actions; (3) the age of each juvenile described in item (1) of this subsection; and (4) the county of residence of each juvenile described in item (1) of this subsection. (b) The initial report submitted under this section shall include a description of any established process that the Department uses after an incident described in subsection (a)(1) of this section occurs.

Md. Code, Human Services § 9-302

Article I. Purpose. (a) The compacting states to this Interstate Compact recognize that: (1) each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others; (2) each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence; and (3) Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. (b) It is the purpose of this Compact, through means of joint and cooperative action among the compacting states: (1) to ensure that the adjudicated juveniles and status offenders subject to this Compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (2) to ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (3) to return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return; (4) to make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (5) to provide for the effective tracking and supervision of juveniles; (6) to equitably allocate the costs, benefits, and obligations of the compacting states; (7) to establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (8) to insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (9) to establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this Compact; (10) to establish a system of uniform data collection on information pertaining to juveniles subject to this Compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (11) to monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (12) to coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (13) to coordinate the implementation and operation of the Compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. (c) It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business. The compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this Compact. The provisions of this Compact shall be reasonably and liberally construed to accomplish the purposes and policies of the Compact.

Md. Code, Human Services § 9-303

Article II. Definitions. (a) As used in this subtitle the following words have the meanings indicated, unless the context clearly requires a different construction. (b) “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. (c) “Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this Compact. (d) “Compacting state” means any state which has enacted the enabling legislation for this Compact. (e) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this Compact. (f) “Court” means any court having jurisdiction over delinquent, neglected, or dependent children. (g) “Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this Compact. (h) “Interstate Commission” means the Interstate Commission for Juveniles created by Article III of this Compact. (i) (1) “Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission. (2) “Juvenile” includes: (i) an accused delinquent or person charged with an offense that, if committed by an adult, would be a criminal offense; (ii) an adjudicated delinquent or person found to have committed an offense that, if committed by an adult, would be a criminal offense; (iii) an accused status offender or person charged with an offense that would not be a criminal offense if committed by an adult; (iv) an adjudicated status offender or person found to have committed an offense that would not be a criminal offense if committed by an adult; or (v) a nonoffender or person in need of supervision who has not been accused or adjudicated a status offender or delinquent. (j) “Noncompacting state” means any state which has not enacted the enabling legislation for this Compact. (k) “Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states. (l) (1) “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this Compact that: (i) is of general applicability; (ii) implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission; and (iii) has the force and effect of statutory law in a compacting state. (2) “Rule” includes the amendment, repeal, or suspension of an existing rule. (m) “State” means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

Md. Code, Human Services § 9-304

Article III. Interstate Commission for Juveniles. (a) The compacting states hereby create the “Interstate Commission for Juveniles.” The Commission shall be a body corporate and joint agency of the compacting states. The Commission shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact. (b) (1) The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the Compact Administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state. (2) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the Commission. (c) Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. The Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. (d) The Interstate Commission shall establish an executive committee, which shall include Commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. (e) The executive committee shall: (1) oversee the day–to–day activities of the administration of the Compact managed by an executive director and Interstate Commission staff; (2) administer enforcement and compliance with the provisions of the Compact, its bylaws, and rules; and (3) perform such other duties as directed by the Interstate Commission or set forth in the bylaws. (f) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. (g) The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (h) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two–thirds vote that an open meeting would be likely to: (1) relate solely to the Interstate Commission’s internal personnel practices and procedures; (2) disclose matters specifically exempted from disclosure by statute; (3) disclose trade secrets or commercial or financial information which is privileged or confidential; (4) involve accusing any person of a crime, or formally censuring any person; (5) disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) disclose investigative records compiled for law enforcement purposes; (7) disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity; (8) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or (9) specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding. (i) For every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes. (j) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up–to–date technology and coordinate its information functions with the appropriate repository of records.

Md. Code, Human Services § 9-305

Article IV. Powers and Duties of the Interstate Commission. (a) The Interstate Commission shall have the following powers and duties: (1) to provide for dispute resolution among compacting states; (2) to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this Compact; (3) to oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this Compact and any bylaws adopted and rules promulgated by the Interstate Commission; (4) to enforce compliance with the Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to, the use of judicial process; (5) to establish and maintain offices which shall be located within one or more of the compacting states; (6) to purchase and maintain insurance and bonds; (7) to borrow, accept, hire, or contract for services of personnel; (8) to establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder; (9) to elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel; (10) to accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; (11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed; (12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (13) to establish a budget and make expenditures and levy dues as provided in Article VIII of this Compact; (14) to sue and be sued; (15) to adopt a seal and bylaws governing the management and operation of the Interstate Commission; (16) to perform such functions as may be necessary or appropriate to achieve the purposes of this Compact; (17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission; (18) to coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity; and (19) to establish uniform standards of the reporting, collecting, and exchanging of data. (b) The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

Md. Code, Human Services § 9-306

Article V. Organization and Operation of the Interstate Commission. (a) The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to: (1) establishing the fiscal year of the Interstate Commission; (2) establishing an executive committee and such other committees as may be necessary; (3) providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission; (4) providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (5) establishing the titles and responsibilities of the officers of the Interstate Commission; (6) providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; (7) providing “start–up” rules for initial administration of the Compact; and (8) establishing standards and procedures for compliance and technical assistance in carrying out the Compact. (b) (1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. (2) The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. (3) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission. (c) (1) The Interstate Commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (2) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (3) The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. (4) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

Md. Code, Human Services § 9-307

Article VI. Rulemaking Functions of the Interstate Commission. (a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact. (b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission. (c) When promulgating a rule, the Interstate Commission shall, at a minimum: (1) publish the proposed rule’s entire text stating the reason for that proposed rule; (2) allow and invite persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available; (3) provide an opportunity for an informal hearing if petitioned by 10 or more persons; and (4) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties. (d) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the Model State Administrative Procedures Act) in the rulemaking record, the court shall hold the rule unlawful and set it aside. (e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the Compact, cause that such rule shall have no further force and effect in any compacting state. (f) The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder. (g) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.

Md. Code, Human Services § 9-308

Article VII. Oversight, Enforcement, and Dispute Resolution by the Interstate Commission. (a) (1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this Compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states. (2) The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the Compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. (b) (1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the Compact as well as issues and activities pertaining to compliance with the provisions of the Compact and its bylaws and rules. (2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and between compacting and noncompacting states. (3) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. (c) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact using any or all means set forth in Article XI of this Compact.

Md. Code, Human Services § 9-309

Article VIII. Finance. (a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. (b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment. (c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

Md. Code, Human Services § 9-310

Article IX. The State Council. (a) Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups, and the Compact Administrator, deputy compact administrator, or designee. (b) Each compacting state retains the right to determine the qualifications of the Compact Administrator or deputy compact administrator. (c) Each state council shall advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the Compact within that state.

Md. Code, Human Services § 9-311

Article X. Compacting States, Effective Date and Amendment. (a) Any state is eligible to become a compacting state. (b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the Compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States. (c) The Interstate Commission may propose amendments to the Compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

Md. Code, Human Services § 9-312

Article XI. Withdrawal, Default, Termination, and Judicial Enforcement. (a) (1) Once effective, the Compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law. (2) The effective date of withdrawal is the effective date of the repeal. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission. (b) (1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this Compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties: (i) remedial training and technical assistance as directed by the Interstate Commission; (ii) alternative dispute resolution; (iii) fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; or (iv) suspension or termination of membership in the Compact. (2) (i) Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has determined the offending state is in default. (ii) Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council. (3) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, the bylaws, or duly promulgated rules and any other grounds designated in Commission bylaws and rules. (4) The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Commission, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of termination. Within 60 days of the effective date of termination of a defaulting state, the Commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the State Council of such termination. (5) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. (6) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. (7) Reinstatement following termination of any compacting state requires both a reenactment of the Compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules. (c) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the Compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (d) (1) The Compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the Compact to one compacting state. (2) Upon dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

Md. Code, Human Services § 9-313

Article XII. Severability and Construction. (a) The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. (b) The provisions of this Compact shall be liberally construed to effectuate its purposes.

Md. Code, Human Services § 9-314

Article XIII. Binding Effect of Compact and Other Laws. (a) (1) Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with this Compact. (2) All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this Compact are superseded to the extent of the conflict. (b) (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states. (2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms. (3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. (4) In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.

Md. Code, Human Services § 9-401

(a) In this subtitle the following words have the meanings indicated. (b) “Juvenile facility” means a property used for a juvenile program that is: (1) operated under the authority of: (i) a county or municipal corporation, or both; (ii) a for profit organization; or (iii) a nonprofit organization; and (2) (i) wholly owned by the entity described in paragraph (1) of this subsection; or (ii) leased by the entity if: 1. the lease is for a minimum term of 30 years after completion of the project or gives the lessee the right of purchase; and 2. the lessor consents to the recording of a notice of the State’s right of recovery under § 9-405 of this subtitle in the land records of the county in which the facility is located. (c) “Juvenile program” means a: (1) program that: (i) 1. is a group home or institution described under § 9-231 of this title; or 2. is a home for runaway youths described under § 9-232 of this title; and (ii) provides residential services to youth placed by the Department; or (2) nonresidential program that under contract to the State provides educational, vocational, recreational, counseling, or other day services to youth.

Md. Code, Human Services § 9-402

(a) A county, municipal corporation, for profit organization, or nonprofit organization sponsoring a project involving the planning, design, construction, conversion, acquisition, renovation, and equipping of a juvenile facility in the State may apply to the Department for a grant under this subtitle. (b) (1) An application shall be filed with the Department in the form the Department requires. (2) The applicant shall file with the Department a statement that includes: (i) a list of the personnel employed or to be employed at the juvenile facility; (ii) all compensation and other expenses paid or to be paid to the personnel; (iii) all other expenses incurred or to be incurred in operating the juvenile facility; and (iv) a schedule of rates charged or to be charged for services provided at the juvenile facility. (c) If the Secretary approves the project and the project plans, the Secretary shall promptly: (1) report the application to the Board of Public Works; and (2) recommend that the Board make funds available as provided in this subtitle. (d) The amount of the State grant for a project shall be determined after considering: (1) all eligible applications; (2) the total of unallocated State funds available when the application is received; and (3) the priorities of area need that the Department establishes.

Md. Code, Human Services § 9-403

(a) The Board of Public Works shall: (1) make allocations of funds available for the Juvenile Services Facilities Capital Program in accordance with this subtitle; and (2) certify the allocations to the Comptroller and the Treasurer. (b) After the Board certifies the allocations, the Treasurer shall make payments to or on behalf of an applicant, when needed, for the project.

Md. Code, Human Services § 9-404

(a) (1) A State grant may be used only to plan, design, construct, convert, acquire, renovate, and equip a juvenile facility, including related reports, plans, specifications, site improvements, surveys, and programs. (2) Any available federal or other grant shall be applied first to the cost of planning, design, construction, conversion, acquisition, renovation, or equipping of a juvenile facility. (3) A State grant may not exceed 50% of the cost of eligible work remaining unpaid after all federal and other grants have been applied. (b) (1) A State grant may not be used: (i) to further sectarian religious instruction; (ii) in connection with the design, acquisition, or construction of a building used or to be used as a place of sectarian religious worship or instruction; or (iii) in connection with a program or department of divinity for a religious denomination. (2) On request of the Board of Public Works, an applicant shall submit evidence satisfactory to the Board that a grant is not being used and has not been used for a purpose prohibited under this section.

Md. Code, Human Services § 9-405

(a) Before any State funds are paid for an approved project, the Department shall cause a notice of the State’s right of recovery to be recorded in the land records of the county in which the property is located. (b) The recording of the notice: (1) does not create a lien against the property; but (2) constitutes notice to any potential transferee, potential creditor, or other interested person that the State may obtain a lien under this subtitle.

Md. Code, Human Services § 9-406

(a) The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the project property: (1) is sold or transferred to a person that: (i) would not qualify as an applicant under this subtitle; or (ii) the Board of Public Works does not approve as a transferee; or (2) ceases to be a juvenile facility. (b) The State may recover from the: (1) transferor; (2) transferee; or (3) owner of a property that has ceased to be a juvenile facility. (c) The State is entitled to recover the sum of: (1) an amount that equals the value of the project property at the time of the recovery multiplied by a fraction: (i) the numerator of which is the amount of the State funds for the project; and (ii) the denominator of which is the total eligible cost of the project; and (2) all costs and reasonable attorney’s fees incurred in the recovery proceedings. (d) The Board of Public Works may waive the State’s right of recovery for good cause.

Md. Code, Human Services § 9-407

(a) (1) If a default described in § 9-406(a) of this subtitle is alleged, the Secretary of the Board of Public Works may file a civil action under this subtitle in the circuit court of the county in which the property is located against the owner of the property and any other interested parties, including any transferor. (2) The initial filing shall include affidavits stating facts on which the allegations of default are based and a detailed justification of the amount claimed. (b) (1) If the court determines from the State’s initial filing that there is probable cause to believe that a default described in § 9–406(a) of this subtitle has occurred, the court shall authorize a temporary lien on the property pending full determination of the State’s claim. (2) The temporary lien shall be in the amount of the State’s claim, plus any additional amount estimated to be necessary to cover the costs and reasonable attorney’s fees incurred by the State, or another amount that the court determines is reasonable. (c) (1) The temporary lien takes effect: (i) on the date of the court order authorizing the lien if, within 10 days, the Secretary of the Board of Public Works records a notice of temporary lien in the land records of the county in which the property is located; or (ii) if the Secretary fails to record the notice within 10 days, on the date the notice of temporary lien is recorded. (2) While the temporary lien is in effect, the owner or any person who acquired an interest in the property after the State first made funds available under this subtitle may not take an action that would affect the title to the property or institute proceedings to enforce a security interest or other similar rights in the property, without the prior written consent of the State. (d) (1) The owner or any other interested party may obtain release of the temporary lien at any time by filing with the court a bond securing the payment in full of the amount described in subsection (b)(2) of this section. (2) The owner or other interested party may cause the release to be recorded in the land records of the county in which the property is located.

Md. Code, Human Services § 9-408

(a) Proceedings to determine the State’s right to recover and the amount of its recovery under this subtitle have priority over other civil proceedings in the circuit court. (b) (1) After a full adversary proceeding, if the court finds that a default described in § 9-406(a) of this subtitle has occurred, the court shall issue a final judgment for the amount the court finds to be recoverable by the State. (2) All parties involved in the default, including the owner of the property, shall be held jointly and severally liable to the State for the amount of the judgment. (3) If the court does not find that a default described in § 9-406(a) of this subtitle has occurred or if the court’s judgment is paid in full to the State within 30 days after the court’s final order, any temporary lien shall be released immediately and the Secretary of the Board of Public Works shall cause the release to be recorded in the land records of the county in which the property is located. (4) (i) If the judgment remains unpaid for more than 30 days after the court’s final order, the amount shall be a lien on the property. (ii) Unless the State provides otherwise in a written subordination agreement, the lien is superior to a lien or other interest of any mortgagee, pledgee, purchaser, or judgment creditor whose interest became perfected against third persons after the State awarded a grant. (c) (1) A lien under this section takes effect on the later of: (i) the 31st day after the court’s final order if the Secretary of the Board of Public Works records a notice of lien in the land records of the county in which the property is located on or before the 41st day after the final order; or (ii) the date a notice of lien is recorded. (2) (i) When the lien takes effect, any temporary lien is automatically and fully released. (ii) The recorded notice of the lien constitutes notice of the release of the temporary lien. (d) A lien under this section may be enforced and foreclosed in accordance with the Maryland Rules, except that the State or any agent appointed by the State to sell the property does not need to file a bond. (e) (1) The owner or any other interested party may obtain release of a lien under this section by paying to the State the full amount of the judgment entered by the circuit court, and any interest that has accrued from the date of judgment. (2) On payment in full, the Secretary of the Board of Public Works shall cause a release to be recorded in the land records of the county in which the property is located.

Md. Code, Human Services § 9-409

All funds recovered under this subtitle shall be deposited in the Annuity Bond Fund and applied to the debt service requirements of the State.

Md. Code, Human Services § 9-410

(a) (1) The Secretary shall adopt regulations to carry out this subtitle. (2) The regulations shall require each juvenile facility to submit certified financial statements annually for at least the term of the bonds used to finance any project at that juvenile facility. (3) The regulations may require the submission of other reports. (b) The Board of Public Works may adopt regulations for: (1) receiving applications; (2) considering applications; and (3) disbursing funds to or on behalf of applicants.

Md. Code, Human Services § 9-501

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Juvenile Services Education Board. (c) “Residential facility” means any facility listed in § 9–226 of this title. (d) “Superintendent” means the Juvenile Services Education Program Superintendent.

Md. Code, Human Services § 9-502

(a) There is a Juvenile Services Education Board within the Department. (b) Subject to the provisions of this section, the Board is an independent unit within the Department. (c) (1) The Board shall be included as a unit within the Department for purposes of the Department’s annual operating budget. (2) The programs overseen by the Board shall be included in the Board’s budget. (d) (1) Subject to paragraph (2) of this subsection, the following support services for the Board shall be provided by existing units in the Department and the cost of any necessary support provided to the Board should be included in the budgets of those units: (i) information and technology services; (ii) procurement services; (iii) fiscal services; (iv) capital planning and capital budgeting; (v) human resources; (vi) facility and office maintenance; (vii) research and program evaluation; and (viii) investigations and monitoring. (2) (i) The Superintendent shall have exclusive control of the day–to–day operation of juvenile education services. (ii) Decisions on the provision of education, including decisions to hire, fire, and assign staff, shall be made exclusively by the Board or the Superintendent, subject to appropriations in the State budget, and the Department has no power to deny or modify an education decision made by the Board or the Superintendent. (e) The Board and the Department shall, in accordance with this section, jointly negotiate a memorandum of understanding carefully delineating the duties of each in the provision of juvenile education services.

Md. Code, Human Services § 9-503

(a) The Board consists of the following members: (1) the Secretary; (2) the Secretary of Higher Education, or the Secretary’s designee; (3) the State Superintendent of Schools, or the State Superintendent’s designee; (4) a representative of the Public School Superintendents’ Association of Maryland, appointed by the Governor with the advice and consent of the Senate; (5) the Attorney General of the State, or the Attorney General’s designee; (6) one educator employed by the State who is engaged in the education of juveniles residing in a residential facility; and (7) five members appointed by the Governor with the advice and consent of the Senate. (b) (1) The candidate who receives the highest number of votes in an election by the educators employed by the Department shall be the educator member. (2) The term of the educator member is 4 years. (3) At the end of a term, the educator member continues to serve until a successor is elected and qualifies. (4) The Department shall adopt regulations to conduct the election of the educator member. (5) The educator member may not vote on any matter that relates to appeals to the State Board of Education under § 6–202 of the Education Article. (c) (1) To the extent practicable, the appointed members of the Board shall reflect the diversity of the population of juveniles in the State. (2) The appointed members of the Board shall possess a high level of knowledge and expertise in at least one of the following areas: (i) teaching or educational administration; (ii) prior service on the State Board of Education or a county board of education; (iii) social work; (iv) services for individuals with disabilities; (v) working with institutionalized youth; (vi) mental or behavioral health services; (vii) civil rights law or advocacy; (viii) digital learning or online administration; or (ix) higher education administration. (d) (1) The term of an appointed member is 4 years. (2) The terms of appointed members are staggered as required by the terms provided for members of the Board on June 1, 2025. (3) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. (4) An appointed member who is appointed after a term begins serves only for the remainder of the term and until a successor is appointed and qualifies. (5) Subject to paragraph (6) of this subsection, an appointed member is eligible for reappointment but may not serve more than two consecutive terms. (6) A member appointed after a term begins is eligible for reappointment to two consecutive full terms. (7) To the extent practicable, the Governor shall fill any vacancy for an appointed member on the Board within 60 days of the vacancy. (e) The Governor may remove an appointed member only for cause. (f) The Board shall elect from among its members a chair and a vice chair. (g) Any action by the Board shall require: (1) a quorum of a majority of the voting members then serving; and (2) the affirmative vote of a majority of the voting members then serving. (h) Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (i) The Department shall staff the Board.

Md. Code, Human Services § 9-504

(a) Beginning July 1, 2022, the Board shall oversee and approve all educational services to all juveniles who are in a residential facility. (b) The Board shall: (1) develop, recommend, and approve for every residential facility an educational training program that: (i) meets the special needs and circumstances of the juveniles in the residential facility; and (ii) is accredited by an approved accrediting agency; (2) in consultation with the Juvenile Justice Monitoring Unit and the Department, develop minimum standards and a reporting structure to measure educational outcomes and assess implementation of the Juvenile Services Education Program; (3) review a quality assurance report developed by the Department each quarter; and (4) conduct a performance review of the Superintendent at least once every 4 years. (c) The Board shall approve postsecondary education programs, including vocational and online programs, that meet the needs of the juveniles in a residential facility. (d) The Department may adopt regulations to carry out the requirements of this section.

Md. Code, Human Services § 9-505

(a) (1) The Board shall meet publicly in the State at least 10 times per year and, except as provided in paragraph (2) of this subsection, not more than once per month at the times determined by: (i) a majority of the members then serving; (ii) the chair of the Board; or (iii) the Secretary. (2) A special meeting of the Board that does not count toward the monthly limit may be called by: (i) a majority of the members then serving; (ii) the chair of the Board; or (iii) the Secretary. (b) A majority of the members then serving constitutes a quorum. (c) The Board shall: (1) maintain minutes of its meetings and any other records that it considers necessary; (2) on request, provide information regarding its budget, activities, and programs; and (3) allow time for public comment at each of its meetings.

Md. Code, Human Services § 9-506

(a) The Board shall appoint a Juvenile Services Education Program Superintendent. (b) The Superintendent shall: (1) implement and administer the educational programs approved by the Board; (2) oversee the education of every juvenile in a residential facility; (3) meet with and advise the Board about educational programs and outcomes for juveniles; (4) select, organize, and direct the staff of the Juvenile Services Education Program; (5) ensure that the policies and decisions of the Board are carried out; (6) coordinate with the Department to ensure that the operation of juvenile educational services are integrated with the noneducational operations of the Department; and (7) perform any other duties assigned by the Board. (c) The Superintendent: (1) is entitled to the salary provided in the State budget; and (2) serves at the pleasure of the Board. (d) The Superintendent: (1) must be an experienced and competent educator; (2) must be a graduate of an accredited college or university; (3) must have at least 2 years of special academic and professional graduate preparation in an accredited college or university; (4) must have at least 7 years of experience in teaching and administration; and (5) may not be a current member of the Board or have been a member of the Board at any time during the year immediately preceding the appointment. (e) The Superintendent may hire additional staff, as provided in the State budget, to provide and administer educational services within the Department.

Md. Code, Human Services § 9-601

(a) In this subtitle the following words have the meanings indicated. (b) “Board” has the meaning stated in § 9–501 of this title. (c) “Facility” means a building or buildings and related physical infrastructure at a geographically distinct location at which the Department operates a program. (d) “Memorandum of understanding” means the memorandum of understanding between the Board and the Department required under § 9–502 of this title. (e) “Residential facility” has the meaning stated in § 9–501 of this title. (f) “Superintendent” means the Juvenile Services Education Program Superintendent.

Md. Code, Human Services § 9-603

(a) (1) Beginning July 1, 2022, the Department and the Board, subject to the memorandum of understanding, jointly shall have the authority and responsibility for implementing the juvenile services educational programs in the State. (2) The Superintendent shall provide and oversee educational services to all juveniles in a residential facility. (b) The Superintendent shall implement for each residential facility an educational program as approved by the Board that: (1) meets the special needs and circumstances of the juveniles in the residential facility; and (2) is accredited by an approved accrediting agency. (c) (1) The Department, subject to the memorandum of understanding, shall employ any staff necessary to carry out the Juvenile Services Education Program as provided in the State budget. (2) Educational staff in the Department shall be subject to the career ladder and salary provisions under Title 6, Subtitle 10 of the Education Article. (3) Notwithstanding any other provisions of law, each teacher in the Juvenile Services Education Program who is employed by the Department is in the professional service in the State Personnel Management System. (d) The Department shall adopt regulations to carry out the requirements of this section. (e) The Board may authorize the Department to contract with a nonprofit private party or a county board of education to provide educational services for juveniles in a residential facility. (f) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation in an amount sufficient to meet the requirements of this subtitle.

Md. Code, Human Services § 9-604

(a) (1) The Department shall notify a juvenile in custody of the juvenile’s educational rights. (2) A juvenile in the custody of the Department who is enrolled in a public school at the time the juvenile is taken into custody may not be disenrolled from that school until after disposition of the juvenile’s case. (3) The public school in which a juvenile under paragraph (2) of this subsection is enrolled shall provide the Department with the educational materials necessary for the juvenile to remain current with the juvenile’s educational program at the school in which the juvenile is enrolled. (4) (i) In consultation with the Board and county boards of education, the Superintendent with the aid of the Department shall develop and implement a procedure to transfer a copy of a juvenile’s educational records from the school in which the juvenile is enrolled to a residential facility in which the juvenile is placed. (ii) The educational records transferred in accordance with this paragraph shall include a copy of: 1. an individualized education program; 2. a 504 plan; 3. records from an English for Speakers of Other Languages (ESOL) program; and 4. any other relevant documents and information. (b) The Superintendent with the aid of the Department, in consultation with county boards of education, shall develop and implement a procedure for the re–enrollment of a juvenile in a residential facility before the juvenile is released from the custody of the Department. (c) The Superintendent shall develop an educational plan for each school–age juvenile in the custody of the Department for more than 4 weeks that: (1) is designed to meet the juvenile’s individual needs; and (2) ensures that, to the extent practicable, the juvenile is able to seamlessly reintegrate into the juvenile’s home school. (d) (1) The Superintendent shall offer a minimum of 2.5 hours of a postsecondary education program per weekday to juveniles in the custody of the Department who have: (i) graduated from high school; or (ii) obtained a high school diploma by examination in accordance with § 11–808 of the Labor and Employment Article. (2) The Board may authorize the Department to contract with a nonprofit private party, community college, or any other institution of postsecondary education in the State to provide the services required by this subsection. (e) Each county board of education may waive all high school graduation requirements, including required coursework, for a juvenile who is committed to the custody of the Department and is subsequently transferred to the local school system while in grade 11 or 12.

Md. Code, Human Services § 9-605

(a) In this section, “basic daily cost” means the average amount spent by a county board of education from county and State funds for the public education of a nondisabled child divided by the number of actual school days required for a public school under § 7–103 of the Education Article. (b) A county board of education shall reimburse the Department for the basic daily cost for each child who was domiciled in the county prior to placement with the Department if the child: (1) is in a facility or residential facility; (2) is in the custody of the Department for 15 consecutive days or more; (3) does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of the Education Article; and (4) was included in the full–time equivalent enrollment of the county as calculated under § 5–201 of the Education Article.

Md. Code, Human Services § 9-606

(a) (1) On or before December 1, 2022, and each December 1 thereafter, the Superintendent with the aid of the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the aggregate educational outcomes of the programs required by this subtitle at each residential facility. (2) The Superintendent’s report shall include: (i) student outcomes; (ii) external organizational partnerships; and (iii) transitions between enrollment in public school and the custody of the Department. (3) The Superintendent shall report the information required under paragraph (2) of this subsection in the aggregate and disaggregated by: (i) race; (ii) ethnicity; (iii) gender; (iv) English proficiency status; (v) disability status; and (vi) familial income. (b) The Board shall be subject to: (1) investigation by the Maryland Office of the Inspector General for Education; and (2) oversight and monitoring by the State Department of Education and State Board of Education.

Md. Code, Human Services § 9-607

(a) (1) On or before January 1, 2024, the Department shall contract with a public or private entity to conduct an empirical evaluation of the Board’s, the Superintendent’s, and the Department’s policies and practices regarding the educational services provided to juveniles in residential facilities. (2) In conducting the study required under this subsection, the entity with which the Department contracts shall review the effectiveness of the Board’s, the Superintendent’s, and the Department’s current policies and practices, including: (i) student educational outcomes; (ii) whether the educational plans required under § 9–604(c) of this subtitle are meeting juvenile needs; (iii) student disciplinary outcomes; (iv) how efficiently students transition between enrollment in public school and the custody of the Department, including: 1. how well educational records are transferred between the Department and county boards; 2. how efficiently juveniles are re–enrolled in public school after being released from the custody of the Department; and 3. how well the education the juvenile receives while under the custody of the Department matches with the education received in the juvenile’s public school; (v) the quality of the curriculum; (vi) how conducive the educational setting is to learning; and (vii) access to mental health services. (3) The entity with which the Department contracts shall, after completing its review, develop recommendations to improve the education delivered under this subtitle. (b) On or before October 1, 2026, the entity with which the Department contracts shall report its findings and recommendations to the Department, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

Md. Code, Human Services § 9-608

(a) In this section, “Office” has the meaning stated in § 8–401 of the State Government Article. (b) The Office shall conduct an evaluation of the Board and the Superintendent, in accordance with § 8–404 of the State Government Article, on or before: (1) July 1, 2027; and (2) July 1, 2030.

Md. Code, Human Services § 9-609

(a) (1) In this section the following words have the meanings indicated. (2) “Local public school employer” means a county board of education or the Baltimore City Board of School Commissioners. (3) “Locally employed educational professional” means an individual who is employed by: (i) a local public school employer in a position for which professional standards are established by the State Board of Education and the Professional Standards and Teacher Education Board; or (ii) a county public library system in the position of librarian or public library associate. (b) (1) A locally employed educational professional who transfers to the Juvenile Services Education Program shall be given credit as a State employee for the individual’s years of service as a locally employed educational professional for the purpose of establishing the individual’s leave accrual rates. (2) (i) Subject to subparagraph (ii)1 of this paragraph, a locally employed educational professional who transfers directly from a position with a local public school employer to the Juvenile Services Education Program with no period of intervening employment and no lapse in employment greater than 90 days shall receive accumulated leave in the amount verified by the individual’s local public school employer as the individual’s accumulated leave balances at the time the individual left the local public school employer and for which the individual was not otherwise compensated. (ii) A locally employed educational professional who transfers to the Juvenile Services Education Program in accordance with subparagraph (i) of this paragraph shall be: 1. entitled to transfer all leave balances, even if the balances exceed the amount of leave an employee of the Juvenile Services Education Program is authorized to retain; and 2. subject to the leave accumulation and carry over requirements that otherwise apply to State employees when the individual begins employment in the Juvenile Services Education Program.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

Starting a business in Maryland? Maryland LLC guide: costs and requirements