05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.22.01.01—.07 • 51:16 Md. R. 746 (8-9-24)
07 DEPARTMENT OF HUMAN
SERVICES
07.02.09.01—
.13 • 51:19 Md. R. 855 (9-20-24)
07.02.25.01 — .24 • 51:19 Md. R. 861 (9-20-24)
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.01.09 •
51:18 Md. R. 811 (9-6-24)
08.02.05.23,.26,.27
• 51:10 Md. R. 534 (5-17-24)
08.02.15.08,.09,.12
• 51:11 Md. R. 581 (5-31-24)
08.02.22.02 •
51:10 Md. R. 534 (5-17-24)
08.02.25.03 •
51:11 Md. R. 581 (5-31-24)
08.03.03.01 • 51:16 Md. R. 748 (8-9-24)
08.03.03.03—.05,.07,.08 • 51:16 Md. R. 749 (8-9-24)
08.03.07.04,.07 • 51:16 Md. R. 757 (8-9-24)
09 MARYLAND DEPARTMENT OF LABOR
09.03.02.01,.04,.09—.13
• 51:14 Md. R. 685 (7-12-24)
09.03.06.02,.04,.06,.16
• 51:14 Md. R. 685 (7-12-24)
09.03.09.02,.07 •
51:14 Md. R. 685 (7-12-24)
09.03.15.01—.05 •
51:14 Md. R. 688 (7-12-24)
51:15 Md. R. 713 (7-26-24) (corr)
09.11.09.02 •
51:15 Md. R. 713 (7-26-24)
09.13.07.02,.04 • 51:19 Md. R. 870 (9-20-24)
09.19.08.02 • 51:19 Md. R. 871 (9-20-24)
09.33.02.01—.09 •
50:25 Md. R. 1100 (12-15-23)
09.36.06.01 • 51:19 Md. R. 871 (9-20-24)
09.36.08.02 • 51:19 Md. R. 871 (9-20-24)
09.36.08.02 •
50:25 Md. R. 1101 (12-15-23)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitles 01—08 (1st volume)
10.07.14.01—.65 • 51:6 Md. R. 272
(3-22-24)
Subtitle 09 (2nd volume)
10.09.11.11 •
51:2 Md. R. 79 (1-26-24)
10.09.21.02—.06 •
51:2 Md. R. 82 (1-26-24)
10.09.24.02,.07,.12
• 51:2 Md. R. 79 (1-26-24)
10.09.39.02,.06 •
50:24 Md. R. 1049 (12-1-23)
10.09.43.10,.13 • 51:2 Md. R. 79 (1-26-24)
10.09.46.12 • 51:4 Md. R. 204 (2-23-24)
10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)
10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)
Subtitles 10—22 (3rd volume)
10.18.05.01—.03 •
51:3 Md. R. 166 (2-9-24)
10.18.06.05,.08,.10
• 51:3 Md. R. 166 (2-9-24)
10.19.03.01—.20 •
51:4 Md. R. 211 (2-23-24)
Subtitles 23—36 (4th volume)
10.34.34.02,.03,.07,.10
• 51:10 Md. R. 537 (5-17-24)
10.34.42.01—.03 •
51:2 Md. R. 84 (1-26-24)
Subtitles 37—52 (5th volume)
10.37.01.02 •
51:18 Md. R. 812 (9-6-24) (ibr)
10.37.01.03 •
51:17 Md. R. 779 (8-23-24)
10.44.01.01—.39 •
50:20 Md. R. 911 (10-6-23)
10.44.19.05—.12 •
50:24 Md. R. 1051 (12-1-23)
10.44.20.02 •
50:20 Md. R. 918 (10-6-23)
10.44.22.02,.04—.06,.08—.15
• 50:20 Md. R. 918 (10-6-23)
Subtitles 53—68 (6th volume)
10.63.07.02,.03,.05,.11
• 51:3 Md. R. 173 (2-9-24)
10.67.04.20 •
50:24 Md. R. 1049 (12-1-23)
10.67.06.28 •
50:24 Md. R. 1049 (12-1-23)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 01—10
11.03.01.09 • 51:11 Md. R. 585
(5-31-24)
51:18 Md. R. 813 (9-6-24)
12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
12.04.09.02 • 51:13 Md. R. 650 (6-28-24)
13A STATE BOARD OF EDUCATION
13A.03.02.12 •
51:14 Md. R. 690 (7-12-24)
13A.05.09.01—.04,.07
• 51:18 Md. R. 813 (9-6-24)
13A.16.08.03 •
51:2 Md. R. 95 (1-26-24)
13A.16.10.02 •
51:2 Md. R. 95 (1-26-24)
13A.17.10.02 •
51:2 Md. R. 95 (1-26-24)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.02.03.28 •
51:18 Md. R. 816 (9-6-24)
13B.08.17.02—.05 • 51:16 Md. R. 759 (8-9-24)
13B.08.21.01—.22
• 51:18 Md. R. 818 (9-6-24)
14 INDEPENDENT AGENCIES
14.22.01.12,.14 • 51:17 Md. R. 779 (8-23-24)
14.22.02.01,.02 • 51:17 Md. R. 779 (8-23-24)
14.26.03.01—.06,.08—.13 • 51:17 Md. R. 784 (8-23-24)
14.35.18.03,.04 • 51:17 Md. R. 789 (8-23-24)
14.36.01.01—.03,.09,.11,.13—.16 • 51:13 Md. R. 650
(6-28-24)
14.36.02.02,.05—.11 • 51:13 Md. R. 650 (6-28-24)
14.36.03.01—.03 • 51:13 Md. R. 650 (6-28-24)
14.36.04.02,.03,.06,.07 • 51:13 Md. R. 650 (6-28-24)
14.36.05.01—.06 • 51:13 Md. R. 650 (6-28-24)
14.36.06.01,.03 • 51:13 Md. R. 650 (6-28-24)
20 PUBLIC SERVICE
COMMISSION
20.06.01.01—.09 • 51:18 Md. R. 822 (9-6-24)
20.06.02.01—.06 • 51:18 Md. R. 822 (9-6-24)
20.50.09.02,.06,.07,.09,.10,.12—.14 • 51:17 Md. R.
789 (8-23-24)
25 OFFICE OF THE STATE
TREASURER
25.03.04.01—.06 • 51:18 Md. R.
828 (9-6-24)
25.04.01.01—.10 • 51:16 Md.
R. 760 (8-9-24)
26 DEPARTMENT OF THE ENVIRONMENT
Subtitles 01—07 (Part 1)
26.04.01.01,.01-1,.20,.31 • 51:6 Md. R. 309 (3-22-24)
(ibr)
Subtitle 11
26.11.43.04 • 51:19 Md. R. 872 (9-20-24)
Subtitles 19—28 (Part 4)
26.28.01.01—.03 •
51:18 Md. R. 830 (9-6-24) (ibr)
26.28.02.01—.05 •
51:18 Md. R. 830 (9-6-24)
26.28.03.01,.02 •
51:18 Md. R. 830 (9-6-24)
26.28.04.01—.03 •
51:18 Md. R. 830 (9-6-24)
29 DEPARTMENT OF STATE POLICE
29.03.01.45 •
51:10 Md. R. 542 (5-17-24)
29.03.01.58 • 51:15 Md. R. 718 (7-26-24)
29.05.03.01—.09 • 51:15 Md. R. 719 (7-26-24)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.02.02.04,.06—.09
• 50:24 Md. R. 1061 (12-1-23)
33 STATE BOARD OF
ELECTIONS
33.03.02.01,.03,.05
• 51:16 Md. R. 762 (8-9-24)
33.04.01.02,.07 •
51:8 Md. R. 375 (4-19-24)
33.04.02.01—.03 •
51:8 Md. R. 375 (4-19-24)
33.05.02.02 •
51:16 Md. R. 762 (8-9-24)
33.17.06.05 • 51:16 Md. R. 762 (8-9-24)
The Governor
EXECUTIVE ORDER 01.01.2024.29
Maryland 250
Commission
(Amends Executive
Order 01.01.2023.10)
WHEREAS, The 250th anniversary of the founding of the United
States of America will occur on July 4, 2026;
WHEREAS, It is in the interest of the State to develop,
encourage, and execute an inclusive observance of the 250th anniversary of the
founding of the nation that recognizes all Marylanders’ struggle for life,
liberty and the pursuit of happiness before, during and after the
Revolution.
WHEREAS,
Maryland made significant contributions to the Revolutionary War by supplying
material, resources, ships and soldiers;
WHEREAS, This anniversary invites us to reflect on the
ongoing evolution of American democracy, Maryland’s integral role in that process, and the impact
of Marylanders on the nation’s past, present, and future;
WHEREAS, Stories
of revolution exist in all periods of time and in all places and sectors of our
State, demonstrating Marylanders’ boundless capacity for innovation, growth and
development;
WHEREAS, By celebrating our successes and reckoning with our
setbacks, we will deepen public understanding of our complex history,
strengthen public appreciation for service to our country, and inspire public
engagement in civic life; and
WHEREAS, Inclusive conversations about our shared past allow
us to discuss who we are today and who we want to be in the future so that we
may invigorate and sustain the United States of America for the benefit of
future generations, ensuring that no one is left behind.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF MARYLAND, HEREBY AMEND EXECUTIVE ORDER 01.01.2023.10 AND PROCLAIM THE
FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
I. There is a Maryland 250 Commission (the “Commission”).
II. Membership.
A. The Commission shall consist of the following members:
1. The Lieutenant Governor;
2. The Secretary of Budget and Management, or the Secretary’s
designee;
3. The Secretary of Commerce, or the Secretary’s designee;
4. The Secretary of General Services, or the Secretary’s designee;
5. The Secretary of Natural Resources, or the Secretary’s designee;
6. The Secretary of Planning, or the Secretary’s designee;
7. The Secretary of Service and Civic Innovation, or the
Secretary’s designee;
8. The Secretary of State, or the Secretary’s designee;
9. The Secretary of Veterans Affairs, or the Secretary’s
designee;
10. The State Superintendent of Schools, or the Superintendent’s
designee;
11. The State Archivist, or the Archivist’s designee;
12. The State Historic Preservation Officer, or the Officer’s
designee;
13. The Executive Director of the Governor’s Office of Community
Initiatives, or the Executive Director’s designee;
14. The Executive Director, Maryland State Arts Council, or the
Executive Director’s designee;
15. The Administrative Director of the Maryland Commission on
Indian Affairs, or the Administrative Director’s designee;
16. The Executive Director of the Maryland Commission on African
American History and Culture, or the Executive Director’s designee;
17. The Adjutant General,
or the Adjutant General’s designee;
18. The Director of the Maryland Commission for Women, or
the Director’s designee; and
[18] 19. Up to five members of the general
public appointed by the Governor.
B. The following are invited to be, and shall be upon acceptance,
members of the Commission:
1. Two members appointed by the President of the Maryland Senate;
2. Two members appointed by the Speaker of the Maryland House of
Delegates;
3. The Executive Director of the Maryland Association of Counties,
or Executive Director’s designee;
4. The Executive Director of the Maryland Municipal League, or
Executive Director’s designee; and
5. Up to three members from the nonprofit community, selected from
the Maryland Center for History and Culture, the Maryland Humanities Council,
Preservation Maryland, or other similar organizations.
C. The Governor shall appoint the Chair and the Vice Chair of the
Commission.
D. Members serve at the pleasure of the Governor.
III. The Maryland Department of Planning shall provide the
Commission with resources and staff as feasible and necessary for administering
and facilitating the work of the Commission.
IV. Members of the Commission may not receive any compensation for
their services but may be reimbursed for their reasonable expenses incurred in
the performance of duties in accordance with the State Standard Travel
Regulations and as provided in the State budget.
V. The Commission shall:
A. Adopt administrative and financial procedures for the
transaction of business, including, but not limited to, the establishment of
advisory groups, committees, or working groups that address the themes of
history, service, and civics.
B. Hold at a minimum semi-annual meetings,
1. At times and places to be determined by the Chair;
2. That are conducted in accordance with the Open Meetings Act; and
3. That allow for remote meetings and electronic voting.
C. Coordinate, engage, and liaise with the U.S. Semiquincentennial
Commission, and other local, county, and state commissions, and private and
public partner organizations.
D. Serve as the State of Maryland’s official representative for the
Semiquincentennial, and all related activities,
communications, and events.
E. Solicit, accept, use and dispose of donations, funds and gifts
in conformance with the Public Ethics Law, to support the goals and purposes of
the Commission.
F. Invite broad-based public input on the meaning, significance,
and opportunities of this anniversary that will inform development of
commemoration activities, programs, and events.
G. Acknowledge that the confiscation of Indigenous land and
displacement of Indigenous people is central to the United States’ origin story
and recognize the persistence and contributions of these communities today.
H. Honor the legacy of both free and enslaved African Americans in
the making of Maryland and the nation, whose untold stories of heroism and
perseverance are critical to the understanding of our shared past and present.
I. Support the identification and enhancement of cultural assets
that tell the story of who we are as Marylanders and promote place-based
visitor experiences for residents and visitors alike.
J. Engage youth, new Americans, and lifelong learners in programs
designed to encourage the search for meaning behind America and deepen
engagement in civic life.
K. Celebrate service to country and community, and create
opportunities that promote social responsibility, compassion and understanding
that will unite and strengthen Maryland’s diverse communities for the benefit
of all.
VI. The Commission shall further:
A. Submit an Action Plan to the Governor and General Assembly by
December 31, 2023, that outlines the Commission’s goals, mission, and
recommendations; and
B. Produce by December 31 of each year an annual report to the
Governor and General Assembly that includes an update on the Action Plan,
implementation benchmarks, related deadlines and schedules, and an accounting
and enumeration of all contracts, donations, and gifts.
VII. The Commission shall terminate on December 31, 2027.
VIII. This Executive Order shall be implemented in a manner that is
consistent with all applicable statutes and regulations. Nothing in this
Executive Order shall operate to contravene any State or federal law or to
affect the State's receipt of federal funding.
IX. If any provision of this Executive Order or its application to
any person, entity, or circumstance is held invalid by any court of competent
jurisdiction, all other provisions or applications of the Executive Order shall
remain in effect to the extent possible without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order
are severable.
GIVEN Under My Hand and the Great
Seal of the State of Maryland, in the City of Annapolis, this 4th day of
September, 2024.
WES MOORE
Governor
ATTEST:
SUSAN LEE
Secretary of State
[24-19-27]
EXECUTIVE ORDER 01.01.2024.30
Juvenile Grant
Planning and Review Council
(Amends Executive
Order 01.01.2022.06)
WHEREAS, The federal Juvenile Justice and Delinquency
Prevention Act sets forth federal requirements for states to qualify to receive
formula grants;
WHEREAS, One such requirement is that a state create a State
Advisory Group responsible for carrying out the requirements of the Act as they
pertain to a State’s responsibilities;
WHEREAS, The Act requires the State Advisory Group to
participate in the development and review of the State’s juvenile justice plan
and with annual updates, advise the designated State agency administering the
plan and granting funds, and be afforded the opportunity to review and comment
on all Title II Formula Grant Applications that are submitted to the designated
State agency;
WHEREAS, In Maryland, the Governor’s Office of Crime Prevention and Policy [Governor’s
Office of Crime Prevention, Youth, and Victim Services] is the State
agency responsible for supervising the preparation and administration of the
State’s juvenile justice plan, annual updates to the plan, and awarded funds;
and
WHEREAS, The Act also requires compliance monitoring of a
state’s juvenile centers and any holding areas that fall within the parameters
of the monitoring guidelines of the federal Office of Juvenile Justice and
Delinquency Prevention.
NOW, THEREFORE, I WES MOORE, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF MARYLAND, HEREBY AMEND EXECUTIVE ORDER 01.01.2022.06 AND PROCLAIM THE
FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Established.
(1) There is a Juvenile Grant Planning and Review Council (the
“Council”), which will serve as the State Advisory Group for purposes of the
federal Juvenile Justice and Delinquency Prevention Act (the “Act”).
(2) The Council shall be within the Governor’s Office
of Crime Prevention and Policy [Governor’s Office of Crime
Prevention, Youth and Victim Services],
the State Administering Agency for funds received under the Act and the agency
responsible for supervising the preparation and administration of the State’s
Juvenile Justice plan, annual updates to the plan, and awarded funds.
B. Procedures.
(1) Membership.
(a) The Council shall consist of not less than 15 members and not
more than 33 members appointed by the Governor, consistent with the
requirements of the Act.
(b) At least one-fifth of the members must be under the age of 28
at the time of appointment.
(c) At least 3 members must have been or currently be under the
jurisdiction of the juvenile justice system or, if not feasible and in
appropriate circumstances, the parent or guardian of someone who has been or is
currently under the jurisdiction of the Juvenile Justice System, consistent
with the requirements of the Act.
(2) The Executive Director of the Governor’s Office
of Crime Prevention and Policy [Governor’s Office of Crime
Prevention, Youth and Victim Services] shall
designate a member of the Council to serve as Chair.
(3) Terms.
(a) The term of a member is three years [Members may serve up
to two consecutive three-year terms, which shall be staggered upon initial
appointment].
(b) The
terms of members are staggered as required by the terms provided for members of
the council on July 1, 2024.
(c) A member who
is appointed or reappointed after a term has begun [selected to fill a vacancy] serves only for the remainder
[balance] of the
[a] term [remaining at the time of appointment] and until a successor is appointed.
(d) Terms end on June 30 of each year.
(e) At the end of a term, a member
1. Is eligible for
reappointment, and
2. Continues to serve until a successor is appointed.
(4) Unless otherwise provided by law, the members of the Council
shall serve at the pleasure of the Governor.
(5) A majority of the Council shall constitute a quorum for the
transaction of any business.
(6) The Council may adopt such other procedures, including the
creation of subcommittees and workgroups, as may be necessary to ensure the
orderly transaction of business.
(7) Members appointed pursuant to §B(1)(b) and §B(1)(c) may receive
stipends and expenses as deemed necessary by the majority of Council members
that constitute a quorum, as provided in the State budget and in the
Council’s allocation from the federal Office of Juvenile Justice and
Delinquency Prevention.
(8) Members of the Council not appointed pursuant to §B(1)(b) or
§B(1)(c) may not receive any compensation for their services, but may be
reimbursed for reasonable expenses incurred in the performance of duties, in
accordance with the standard State travel regulations, as provided in the State
budget, and as provided in the Council's allocation from the federal Office of
Juvenile Justice and Delinquency Prevention.
C. Staffing.
(1) The Governor’s Office of Crime
Prevention and Policy [Governor’s Office of Crime Prevention, Youth,
and Victim Services] shall provide
such staff and technical assistance to the Council as necessary and
appropriate, including staff to serve as the designated Juvenile Justice
Specialist required under federal law and regulations.
(2) A Compliance Monitor shall ensure compliance with federal
standards regarding detention of juveniles in secure detention facilities,
secure correctional facilities, non-secure facilities, secure adult lockup
facilities, and court-holding facilities.
(3) A Racial and Ethnic Disparities (“R/ED”) Coordinator
shall:
(a) Primarily focus on addressing R/ED within the State’s Juvenile
Justice System; and
(b) Provide technical assistance as necessary and appropriate.
D. Duties and Responsibilities.
(1) The Council shall perform the functions, and have the duties
and responsibilities, set forth in the Act, as amended from time to time.
(2) The Council shall be afforded the opportunity to review all
Title II Formula Grant applications and make recommendations, which the
Executive Director will consider when making grant awards under the Act.
(3) The Council shall advise the Governor’s Office of Crime Prevention and Policy
[provide advice to the Governor’s Office of Crime Prevention, Youth, and
Victim Services] on developing,
maintaining, and expanding efforts to divert juveniles from the juvenile
justice system and provide community-based alternatives to juvenile detention
and correctional facilities.
(4) The Council shall advise the Compliance Monitor, R/ED
Coordinator, and Juvenile Justice Specialist when necessary.
(5) The Compliance Monitor, R/ED Coordinator, and Juvenile Justice
Specialist shall advise the Council of the compliance status of all monitored
facilities to ensure compliance with the Act.
(6) The Council shall perform any additional duties as directed by
the Executive Director of the Governor’s Office of Crime
Prevention and Policy [Governor’s Office of Crime Prevention, Youth,
and Victim Services] on behalf of
the Governor.
E. On or before June 30 of each year, the Governor’s Office of Crime
Prevention and Policy shall
submit as documentation of the Council’s activities and compliance with the
Juvenile Justice and Delinquency Prevention Act, its Juvenile Justice Reform
Act federal grant application to the Governor and the Maryland Clearinghouse
[Council shall report to the Governor, by way of the Executive Director
of the Governor’s Office of Crime Prevention, Youth, and Victim Services, on
its activities and recommendations].
F. Conflicts of Interest.
(1) The Council shall acknowledge and abide by policies and
procedures set forth by the Governor’s Office of Crime
Prevention and Policy [Governor’s Office of Crime Prevention, Youth,
and Victim Services] to guard
against actual conflicts of interest or the appearance of conflicts of interest
for its members when making recommendations for grant awards.
(2) The procedures shall provide that Council members may not participate
in any way in consideration of, or decisions about, grants to their own
organizations, organizations in which they have a financial interest, or
organizations in which their family members are involved.
GIVEN Under
My Hand and the Great Seal of the State of Maryland, in the City of
Annapolis, this 4th Day of September, 2024.
WES MOORE
Governor
ATTEST:
SUSAN LEE
Secretary of State
[24-19-28]
EXECUTIVE ORDER 01.01.2024.31
Renewal of Executive
Order 01.01.2024.09
(Declaration of a
State of Emergency)
WHEREAS, I, Wes Moore, Governor of the State of Maryland,
issued Executive Order 01.01.2024.09 declaring a State of Emergency due to the
significant infrastructure damage to the Francis Scott Key Bridge in Baltimore
on March 26, 2024;
WHEREAS, The declaration of the State of Emergency was
renewed on August 16, 2024, by Executive Order 01.01.2024.28;
WHEREAS, Because of the on-going impact of this incident,
emergency conditions continue to exist Statewide;
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE
OF THE MARYLAND CODE, HEREBY DECLARE THAT THE STATE OF EMERGENCY CONTINUES TO
EXIST IN THE STATE OF MARYLAND, THAT THE MARCH 26, 2024 DECLARATION IS RENEWED,
AND FURTHER PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. The Maryland Department of Emergency Management is hereby
directed to continue to coordinate the State preparedness and response to
impacts of this incident.
B. All other appropriate State authorities are hereby authorized to
activate their emergency preparedness plans and engage, deploy, use, and
coordinate available resources in furtherance of those plans.
C. The Maryland National Guard remains on regular duty.
GIVEN Under My Hand and the Great
Seal of the State of Maryland, in Annapolis, this 13th Day of September, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-19-29]
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This is to certify
that by an Order of this Court dated August 20, 2024, ALLYSON BROOKE GOLDSCHER
(CPF# 0912150308), as of August 20, 2024, Allyson Brooke Goldscher
has been placed on inactive status by consent, effective immediately, and her
name has been stricken from the register of attorneys in this Court. Notice of
this action is given in accordance with Maryland Rule 19-761(b).
* *
* * *
* * *
* *
This is to certify
that by an Order of this Court dated August 27, 2024, BRIAN DAVID O’NEILL (CPF#
0712120129), as of August 27, 2024, Brian David O’Neill has been temporarily
suspended, effective immediately, and his name has been stricken from the register
of attorneys in this Court. Notice of this action is given in accordance with
Maryland Rule 19-761(b).
* *
* * *
* * *
* *
This is to certify
that by an Order of this Court dated August 27, 2024, FRANCIS H. KOH (CPF#
0312160412), as of August 27, 2024, Francis H. Koh has been suspended for six
months, nunc pro tunc
to May 17, 2024, and his name has been stricken from the register of attorneys
in this Court. Notice of this action is given in accordance with Maryland Rule
19-761(b).
[24-19-23]
Final Action on Regulations
Symbol Key
• Roman type indicates
text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 10 RACING COMMISSION
09.10.02 Harness Racing
Authority: Business Regulation Article, §11-210, Annotated Code of
Maryland
Notice of Final Action
[23-244-F]
On August 15, 2024, the Maryland Racing Commission adopted
amendments to Regulations .43 and .53 under COMAR 09.10.02
Harness Racing. This action, which was proposed for adoption in 50:24
Md. R. 1046—1048 (December 1, 2023), has been adopted as proposed.
Effective Date: November 1, 2024.
TAMMY LAFFERTY
Chairman
Maryland Racing Commission
Subtitle 12 DIVISION OF LABOR AND
INDUSTRY
09.12.32 Heat Stress
Standards
Authority: Labor and Employment Article, §§2-106(b)(5) and
5-1201(b), Annotated Code of Maryland
Notice of Final Action
[24-081-F]
On September 10, 2024, the Maryland Department of Labor adopted
new Regulations .01—.10 under a new chapter, COMAR 09.12.32 Heat
Stress Standards. This action, which was proposed for adoption in 51:15 Md.
R. 714—718 (July 26, 2024), has been adopted as proposed.
Effective Date: September 30, 2024.
DEVKI VIRK
Commissioner of Labor and Industry
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 32 BOARD OF PHYSICIANS
10.32.01 General Licensure
Regulations
Authority: Health Occupations Article, §§14-205(b), 14-207,
14-316(d),
14-317, and 14-320, Annotated Code of Maryland
Notice of Final Action
[23-301-F]
On August 29, 2024, the Secretary of Health adopted amendments to
Regulation .10 under COMAR 10.32.01 General Licensure Regulations.
This action, which was proposed for adoption in 51:2 Md. R. 83—84 (January 26,
2024), has been adopted as proposed.
Effective Date: September 30, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Proposed Action on Regulations
Title 07
DEPARTMENT OF HUMAN SERVICES
Subtitle 02 SOCIAL SERVICES
ADMINISTRATION
07.02.09 Kinship Care
Program
Authority: Family Law Article, §§5-501 et seq. and 5-534
Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference — 42 U.S.C. §§671, 672, and 674; 45
CFR §§1355.20, 1355.38, 1356.21(m), and 1356.30)
Notice of Proposed Action
[24-116-P]
The Department of Human Services proposes to adopt new Regulations
.01—.13 under a new chapter, COMAR 07.02.09 Kinship Care Program.
Statement of Purpose
The purpose of this action is to promulgate new regulations
regarding the licensure of kinship caregivers. The regulations are based on a
federal rule that gives all Title IV-E child welfare agencies the option to use
kin-specific foster care licensing or approval standards and encourages them to
limit those standards to federal safety requirements.
The primary purposes of these regulations are to:
(1) Prioritize and support the placement of children with
relatives, kin, or other individuals close to a child in care or the child’s
family;
(2) Establish a standard to license and compensate kinship
caregivers for children in care;
(3) Establish a standard that local departments place children
with kinship caregivers who will provide children in out-of-home care with
safe, nurturing, and trauma-informed environments where their connections with
family are supported and maintained;
(4) Reduce placement disruptions through well-supported kinship
care; and
(5) Provide a structured framework for kinship caregivers to
collaborate in parenting the child in care, offering mentorship to the child's
parents or guardians, and actively participating in the reunification and
permanency planning process.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
(1) The proposed actions will include kinship caregivers, some of
whom may have disabilities.
(2) The proposed changes support and advance our “Kin First”
approach to out-of-home care by prioritizing important adult-child bonds,
including those found by blood or marriage, when considering the best interests
of children who require an out-of-home placement.
Opportunity for Public Comment
Comments may be sent to Daniel Cohen, Research Administrator,
Department of Human Services, 25 S Charles Street, Baltimore, MD 21201, or call
443-610-5619, or email to daniel.cohen@maryland.gov. Comments will be accepted
through October 21, 2024. A public hearing has not been scheduled.
.01 Purpose.
A. This chapter establishes the requirements, rights, and
responsibilities of kinship caregivers and local departments.
B. The primary purposes of these regulations are to:
(1) Prioritize and support the placement of children in care
with relatives, kin, or other individuals who have a close relationship to a
child in care or the child in care’s family;
(2) Establish standards to license and compensate kinship
caregivers for children in care;
(3) Establish a standard that local departments place children
in care with kinship caregivers who will provide the children in care with safe, nurturing, and trauma-informed
environments where their connections with family are supported and maintained;
(4) Reduce placement disruptions through well-supported kinship
care; and
(5) Provide a structured framework for kinship caregivers to
collaborate in parenting the child in care, offer mentorship to the child in
care's parents or guardians, and actively participate in the reunification and
permanency planning process.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) "Abuse" means:
(a) Child abuse as defined in Family Law Article, §5-701,
Annotated Code of Maryland; or
(b) Sexual abuse of a child as defined in Family Law Article,
§5-701, Annotated Code of Maryland, whether or not a child sustains physical
injuries.
(2) "Administration" means the Social Services Administration
of the Department of Human Services.
(3) "Adoption" means the legal proceeding by which an
individual becomes the child of an adoptive family and has all the legal rights
and privileges to which a child born to that family would be entitled.
(4) “Case plan” has the meaning stated in COMAR 07.02.11
(5) “Child” means an individual under age 18.
(6) “Child in care” means a child or young adult for whom the
local department has responsibility for placement, care, custody, or
guardianship.
(7) “Child in care’s family” means the child in care’s birth
family, adoptive family, or legal guardians.
(8) “CPS” means the child protective services unit that responds
to reports of suspected child abuse or neglect pursuant to Family Law Article
§5-701 et. seq.
(9) “Day” means a calendar day unless otherwise specified.
(10) "Department" means the Department of Human
Services.
(11) "Family" means the basic family unit consisting
of one or more adults and children related by blood, marriage, adoption, legal
guardianship, or domestic partnership as that term is defined in Health General
Article, §6-101, Annotated Code of Maryland.
(12) “Household” means the location where the applicant or
licensed kinship caregiver resides.
(13) “Household member” means an individual who lives in or is
regularly present in a household.
(14) “Kin” means an individual who is related to the child
through blood or marriage, adoption, tribal law or custom, or cultural custom
or practice; or an individual who is unrelated to the child, but has a strong
familial or significant bond with the child, or is a person identified by the
child’s parent.
(15) "Kinship care" means continuous 24-hour care and
supportive services provided for a child in care placed in the home of a
kinship caregiver.
(16) "Kinship caregiver" means an individual who is at
least 18 years old and with whom a child in care may be placed for temporary or
long–term care; and
(a) Is related to a child in care through blood or marriage,
adoption, tribal law or custom, or cultural custom or practice; and
(b) If not related as in (a) of this subsection, has a strong
familial or other significant bond to such child, or is a person identified by
the child’s parent.
(17) "Kinship resource home" means the residence of an
individual or individuals who are licensed as a kinship caregiver.
(18) "Licensed" means approved by a local department
as a kinship caregiver and a resource for custody and guardianship or adoption
of a child in care.
(19) "Local department" means a department of social
services in a county, Baltimore City, or the Montgomery County Department of
Health and Human Services.
(20) "Local director" means the director of a local
department.
(21) “Monthly care stipend” means financial support that a local
department provides a kinship caregiver to assist them with caring for a child
in care placed in the home.
(22) "Neglect" means child neglect as defined in
Family Law Article, §5-701, Annotated Code of Maryland.
(23) “Out-of-home care” means out-of-home placement and the
monitoring of and services provided to a child in aftercare following a child’s
out-of-home placement.
(24) “Out-of-home placement” means a living arrangement for a
child in care, including foster care, kinship care, group care, or residential
treatment care.
(25) "Parent" means the legal mother or father of a
child or young adult whose rights have not been terminated or a legal guardian
other than a local department.
(26) "Permanency plan" means a plan specifying where
and with whom a child in care will live and the proposed legal relationship
between the child in care and the temporary or permanent caregivers.
(27) “Regularly present in the household” means visiting or
staying in a home with sufficient frequency to make an individual a significant
part of the household.
(30) "Secondhand smoke" means a complex mixture of
gasses and particles that includes:
(a) Sidestream smoke, that is, smoke
from a burning cigarette, cigar, or pipe; and
(b) Exhaled mainstream smoke.
(31) “Worker” means a local department staff person assigned to
work with and support a kinship caregiver or a child in care.
(32) “Young adult” means an individual 18 years old or older but
not yet 21.
.03 Requirements for Kinship Resource Home Licensing.
A. Background Clearance. Before or at the time of placing a
child in care with a kinship caregiver, the local department shall:
(1) Review the following for any kinship caregiver or adult
household member:
(a) Child protective services records;
(b) State and national sex offender registries; and
(c) Maryland Judiciary Case Search;
(2) Require the kinship caregiver and all household members 18
years old or older to apply within 5 business days for a State and federal
fingerprint-based criminal background clearance at location(s) provided by the
local department and at no cost to the caregiver or other adults in the home;
(3) Ask if any adult in the home has lived out of state in the
last 5 years. If yes, the local department shall request documentation from the
other state’s state-maintained child abuse and neglect registry; and
(4) As soon as they become available, review the results of:
(a) Child protective
services clearances;
(b) State and federal
fingerprint-based criminal background clearance; and
(c) Out-of-state CPS
clearances from any state that a kinship caregiver or household member 18 years
old or older has lived within the prior 5 years to determine whether that
individual has been found responsible for child abuse or neglect.
B. Disqualifiers. The local department may not license any home
in which an adult in the household:
(1) Has a felony conviction for:
(a) Child abuse or neglect;
(b) Spousal abuse;
(c) A crime against a child or children, including child
pornography;
(d) A crime of violence as enumerated in Criminal Law Article, §
14-101, Annotated Code of Maryland, including rape, sexual assault, or
homicide, but not including other physical assault or battery; or
(e) Human trafficking; or
(2) Has had a felony conviction in the prior 5 years for:
(a) Physical assault;
(b) Battery; or
(c) A drug-related offense.
C. Assessment. Before or at the time of placing a child in care
with a kinship caregiver, the local department shall conduct a visit at the
home of the kinship caregiver to assess the kinship caregiver and their home
using the Kinship Caregiver and Home Assessment approved by the Administration
to:
(1) Assess the caregiver’s willingness and ability to work with
the local department and the child’s family, and to provide for the child in
care’s physical, medical, mental health, and educational needs;
(2) Provide an individualized assessment and objective facts to
determine whether the kinship caregiver can meet the physical and mental health
needs of the child in care, with consideration of the need for additional
support, or reasonable accommodations, or a reasonable modification of
policies, practices, or procedures, and including the nature, duration, and
severity of a risk to the child, and the likelihood that potential injury to
the child will occur. The assessment may not be based on stereotypes or
generalizations.
(3) Assess the health and safety of the home to include the
condition of the home, fire safety, window covering safety, water safety,
storage of firearms, and other items potentially dangerous to children;
(4) Ensure the kinship caregiver provides a safe sleeping
arrangement for the child in care, which may include a bunk bed, trundle bed,
or another arrangement the local department deems appropriate, taking into
account the age and abilities of the child in car; and.
(5) Identify any endangering health or safety concerns and
discuss the concerns with the kinship caregiver to:
(a) Create a plan with the kinship caregiver on how the local
department will assist and support the kinship caregiver in addressing the
health and safety concerns, including, as appropriate, identifying and
providing auxiliary aids or services or making reasonable modifications to
policies, practices, or procedures without jeopardizing the safety of the child
in care;
(b) Conduct a follow-up inspection as necessary to determine
whether the kinship caregiver has addressed the health and safety concerns or if providing
auxiliary aids, services, modifications to policies, practices or
procedures, or additional support is needed; and
(c)Evaluate whether the child in care can remain safely in the
home while the kinship caregiver is addressing the concerns.
D. Emergency Placement. If, due to emergency circumstances or
time constraints, the local department cannot complete the Kinship Caregiver
and Home Assessment before or at the time of placement, a worker shall:
(1) Ensure there are no conditions that would render the child
in care unsafe until the local department can complete the assessment; and
(2) Schedule and conduct a home visit within 5 calendar days
from the day of placement, to complete the Kinship Caregiver and Home
Assessment.
E. Medical and Mental Health Conditions. If, after an
individualized assessment, the local department has established with objective
evidence that a kinship caregiver, family member of the caregiver, or household
member has a medical or mental health condition that poses a significant risk
to the health or safety of the child in care that cannot be improved by a
reasonable accommodation or reasonable modification to policies, practices, or
procedures, the local department shall request that the kinship caregiver,
family member of the caregiver, or household member:
(1) Have a medical or mental health examination of a general or
specific nature as directed by the local department; and
(2) Provide documentation from the examining healthcare provider
stating that the medical or mental health condition is not likely to prevent
the child in care from receiving care and attention in the home and is not
communicable, or harmful to the child in care, or
(3) Identify auxiliary aids or services that improve safety
concerns.
F. Monthly Care Stipend. As soon as a worker has identified a
kinship caregiver with whom to place a child in care, the worker shall take all
steps necessary to ensure that the kinship caregiver receives a monthly care
stipend starting on the date of placement and for the duration of the
placement.
G. Licensing.
(1) When a local department has determined that the kinship
caregiver, any adult household member, and the kinship resource home have met
the requirements of this chapter, the kinship caregiver shall be deemed fully
licensed to provide care for any child in care who is identified as kin and may
be an adoptive resource, or eligible for custody and guardianship of the child
in care, without the need for additional licensing;
(2) An individual shall be at least 18 years old to be licensed
as a kinship caregiver;
(3) An individual licensed under this chapter as a licensed
kinship caregiver is dually licensed for both foster care and adoption; and
(4) The local department will provide the kinship caregiver with
a written license.
.04 Child Care and Education in Kinship Resource Homes.
A. Kinship Caregivers Who Provide Child Care.
(1) If a kinship caregiver provides informal child care for
children not living in the home, the local department shall assess the impact
that this may have on the kinship caregiver’s ability to provide for the
physical, medical, mental health and educational needs of the child in care.
(2) The local department shall inform kinship caregivers
licensed by the Maryland Office of Child Care of the need to notify the
Maryland Office of Child Care of their intent to be licensed kinship
caregivers.
B. Plans for Child Care and Alternative Supervision.
(1) If a kinship caregiver requires child care services for a
child in care while the kinship caregiver is employed or in school:
(a) The kinship caregiver shall discuss the child care plan with
the local department and obtain local department approval for the plan; and
(b) The child care provider shall be certified by the Maryland
State Department of Education Office of Child Care or approved by another
agency that provides child care services consistent with the licensing
standards of the Maryland Department of Education Office of Child Care, unless
the local department approves a plan for informal child care.
(2) Nothing in this section precludes a kinship caregiver from
arranging appropriate child care on an occasional basis for a child in care.
C. Education.
(1) Homeschooling. Kinship caregivers:
(a) May not homeschool children in care without court approval;
(b) Shall utilize a homeschool program approved by Maryland
State Department of Education; and
(c) Shall provide homeschool progress reports at a frequency
established by the local department or the court.
(2) Private or Parochial Schooling.
(a) A kinship caregiver shall get approval from the local
department or the child in care’s parents or guardians before enrolling a child
in care in a private or parochial school unless otherwise ordered by the court.
(b) If a local department, the court, or the child in care’s
parents or guardians approve a child in care’s enrollment in a private or
parochial school, the local department:
(i) May not pay any costs for tuition,
books, or any other costs associated with a child in care enrolled in an
accredited private or parochial school; and
(ii) May not supplement the monthly care stipend to pay these
costs.
(3) Enrollment. When a child who comes into care is already
enrolled in an accredited private or parochial school, the kinship caregiver
shall enroll the child in a public school unless the kinship caregiver, with
the permission of the local department, the court, or the child’s parents or
guardians, assumes financial responsibility for the child’s continued
enrollment in the private or parochial school or the parents or guardians
continue to financially provide for the education.
.05 Denial of License.
The
local department may decline to license a kinship caregiver if:
A. The kinship caregiver, an adult household member or the
kinship resource home cannot or will not meet the requirements of this chapter;
B. The local department determines that the kinship caregiver
knowingly reported false information having a substantial bearing on the
licensing of the home;
C. The local department has previously denied or revoked the
kinship caregiver’s license, unless the local department is satisfied that the
kinship caregiver has corrected the condition that was the basis for the denial
or revocation;
D. The kinship caregiver prevents the local department from
completing its licensing responsibilities;
E. The kinship caregiver or adult household member has been
convicted of a crime identified in Regulation .03B of this chapter;
F. An evaluation of criminal convictions other than those
identified in Regulation .03B of this chapter indicates behavior harmful to
children, taking into consideration all relevant factors, including the
relationship of the crime to the capacity to care for children;
G. Based on facts substantiated by objective evidence and taking
into account the age and abilities of the child in care, the local department
concludes a kinship caregiver cannot provide for the child in care’s physical,
medical, mental health and educational needs because of:
(1) A kinship caregiver or adult household member’s history of
child abuse and neglect findings;
(2) Substance or alcohol misuse;
(3) Physical or mental health conditions; or
(4) A condition or combination of conditions that cannot be
improved and prevent the kinship caregiver from providing for the child in
care’s physical, emotional, medical, or educational needs.
H. Before issuing any denial, the local department shall provide
a secondary review process in accordance with policy established by the
Administration. This process shall
include:
(1) Assessing the licensing materials to ensure compliance with
the licensing requirements stipulated in this chapter and addressing any
identified areas of concern; and
(2) Evaluating the proposed grounds for the proposed denial to
determine whether the evidence substantiates the local department’s decision,
with particular emphasis on determining that the safety of the child in care
would be compromised.
.06 Review of a Kinship Resource Home.
A. A local department shall review each kinship caregiver and
home:
(1) Annually; or
(2) If there are significant changes in the lives of the kinship
caregiver or household, discuss the significant change and determine if a
review is necessary. Significant changes may include:
(a) Illness or death of a household member;
(b) Marital problems or significant conflict in the household;
(c) A move to a new residence;
(d) Suspected abuse or neglect in the home; and
(e) Changes in family composition due to individuals leaving or
joining the household, marriage, separation, divorce, or another occurrence.
B. In an annual review, the local department shall:
(1) Conduct at least one home visit to determine continuing
compliance with this chapter;
(2) Review child
protective services records, criminal background records, state and national
sex offender registries, and the results of a search in the Maryland Judiciary
Case Search for the kinship caregiver and all household members 18 years old or
older; and
(3) Meet with the kinship
caregiver to discuss the prior year and concerns and needs of the kinship
caregiver.
C. In any review under this regulation, the local department
shall:
(1) Conduct a kinship caregiver assessment of any new kinship
caregiver who has not previously had an assessment as required by this
regulation;
(2) Require that a new kinship caregiver or household member 18
or older apply within 5 business days for a State and federal fingerprint-based
criminal background clearance and consent to a child abuse and neglect
clearance;
(3) When applicable, require that:
(a) Any new kinship caregiver has a medical examination if
requested by the local department for a reason set forth in Regulation .03E of
this chapter:
(b) Any new kinship caregiver sign the required forms and a
Resource Parent and Kinship Caregiver Agreement;
(4) Identify any circumstances or conditions that may affect
continued placement of the child in care with the kinship caregiver and any
other matters having a bearing on the child in care’s physical, emotional,
medical, or educational needs; and
(5) Identify resources and develop a plan to address and resolve
any outstanding health or safety concerns by an agreed-upon date.
D. A worker shall notify the kinship caregiver in writing within
30 days of completing the review of the kinship caregiver’s license status.
E. A kinship caregiver license can be revoked or suspended for
any violation of a regulation in this chapter.
F. If the kinship caregiver moves to a new residence, the local
department shall assess the home by completing a new Kinship Caregiver and Home
Assessment.
.07 Local Department Responsibility to Kinship Caregivers.
A local department shall:
A. Provide individualized case-by-case safety assessments
consistent with facts and objective evidence; and apply legitimate requirements
necessary to meet the physical, emotional, medical, or educational needs of the
child in care that are not based on stereotypes or generalizations; and provide
a reasonable modification of policies, practices, or procedures, or auxiliary aids or services to ensure an equal
opportunity to be licensed as a kinship caregiver;
B. Help kinship caregivers understand their rights and
responsibilities;
C. Consistent with Regulation .08A of this chapter, provide the
kinship caregivers with all information that is available about the child in
care and the reason the local department took the child into care;
D. Advise the kinship caregiver about medical requirements
regarding children in care;
E. Provide the kinship caregiver with a health passport for each
child in care placed in the home and determine the kinship caregiver’s role in
health care and educational decision-making;
F. Maintain regular contact with the kinship caregiver and the
child in care;
G. Provide appropriate supportive services that will enable the
kinship caregiver to meet the unique needs of the child in care;
H. Respond as soon as possible or provide appropriate crisis
response contacts for crisis situations that may arise from the child's
placement in the kinship resource home;
I. Upon placement, initiate a monthly care stipend for the
kinship caregiver, explain the initial clothing allowance and how to obtain
payment or reimbursement for allowable expenditures made to meet the needs of
the child in care, including child care;
J. Inform the kinship caregiver of any requirements in the
service plan that would directly affect a child in care;
K. Inform the kinship caregiver of the child in care’s
permanency plan, including family finding efforts, keep them updated as to the
progress of that plan, and give the kinship caregiver the ability to provide
input as to the plan;
L. Obtain the agreement
of the kinship caregiver for any visitation plan that involves the use of the
kinship caregiver’s home or requires the kinship caregiver to transport the
child in care, with attempts made to balance the kinship caregiver’s right to
privacy with the right of the parents or guardians to visit the child; and
M. Assist the kinship caregiver in preparation for the
separation of the child from out-of-home care.
.08 Rights of a Kinship Caregiver.
A. An individualized assessment consistent with facts and
objective evidence and an equal opportunity to be licensed as a kinship
caregiver.
B. Information About a Child in Care. Before a local department
places a child in care and upon learning new information, the worker shall
provide the kinship caregiver with all known information about the child’s
medical, mental health, behavioral, educational, social, and emotional
background, including the reason the child in care entered care and any change
in the case plan. Information about the
child's family that may be privileged or confidential may not be disclosed.
C. Monthly Care Stipend. Upon placement, the kinship caregiver
has a right to a timely monthly care stipend, an initial clothing allowance if
this is the child in care’s first placement, and timely reimbursement for
allowable expenditures made to meet the child in care’s needs, including child
care.
D. Notice of Court Hearings and Meetings. Except for meetings
covered by attorney-client privilege, or meetings when confidential information
about the parents or legal guardians is discussed, the worker shall advise the
kinship caregiver of:
(1) The date and time of, and when applicable, right to
participate in, family team decision meetings and educational or mental health
team meetings regarding a child in care placed in the kinship resource home;
(2) Unless waived for good cause, at least 10 days before
scheduled court proceedings, the date and time of any scheduled court hearing;
(3) The right to be heard at court hearings;
(4) Recommendations the local department will make in court
regarding the child in care’s permanency plan, placement, or visitation; and
(5) Decisions made by the local department and court regarding a
child in care placed in the kinship resource home.
E. Advance Notice of Removal. Except as waived by court order or
when the local department determines that a child in care is at imminent risk
of harm, the local department shall give the kinship caregiver reasonable
written notice of plans to remove the child from the kinship resource home.
.09 Responsibilities of a Kinship Caregiver.
A. Responsibilities to a Child in Care. A kinship caregiver
shall:
(1) Participate in the child in care’s physical health, mental
health, and dental health care, including documenting every healthcare visit in
the child in care’s health passport and advising the child in care’s worker;
(2) Participate in the child in care's educational process;
(3) Provide supervision and guidance appropriate to the child in
care’s age and developmental level;
(4) Provide daily essentials that are required for the health,
comfort, and personal care of a child in care;
(5) Help the child in care cope with any anxiety of being away
from the child in care’s family or guardians and promote the child in care's
self-esteem and positive self-image;
(6) Respect the child in care and the child in care's family and
kin;
(7) Whenever possible engage and partner with the child in
care’s family and kin;
(8) Be sensitive to and respect the child in care's individual
needs, tastes, and values, and support the child in care's religious beliefs,
cultural customs, sexual orientation, gender identity and expression;
(9) Involve the child in care in family activities;
(10) Establish clear expectations for and limits on behavior;
(!1) Provide or arrange transportation to appointments,
extracurricular activities, employment, social, and cultural events;
(12) Support the child in care in understanding their permanency
plan and any move from the kinship resource home;
13) Provide an environment free from exposure to secondhand
smoke for children in care; and
(14) Protect confidential information regarding a child in care
and their family.
B. Responsibilities to a Child in Care's Family. A kinship
caregiver shall:
(1) Assist the local department in maintaining and improving the
child in care's relationship with the child in care’s family and support this
relationship by helping with family visits, which may include visits in the
kinship resource home;
(2) Maintain an attitude of respect and understanding towards
the child in care’s parents or legal guardians;
(3) Provide regular updates and information about the child in
care's life; and
(4) Serve as a role model for the child in care’s parents or
legal guardians.
C. Responsibilities to the Local Department. A kinship caregiver
shall:
(1) Work as a team member in assessing a child in care's
strengths and needs, and implementing the child in care's case plan;
(2) Update the local department on the child in care's
development and adjustment;
(3) Attend case reviews and meetings as requested by the local
department;
(4) Immediately notify the local department of changes within
the kinship caregiver’s family, such as:
(a) Employment and child care arrangements;
(b) Composition of the household;
(c) Address, telephone number, and email address;
(d) Health status; and
(e) Stressful conditions that may affect the child in care.
(5) Provide at least 30 days notice
when requesting a child in care be moved except in circumstances that
immediately affect the child in care or resource family’s health or safety;
(6) Report any suspected incidence of child physical or sexual
abuse or neglect to the local department as soon as the incident becomes known
to the kinship caregiver;
(7) Notify the local department if a child in care runs away or
otherwise cannot be located; and
(8) Notify the local department of any criminal charges,
investigations, or findings related to any crime committed by a household
member, as identified in Regulation .03B of this chapter.
.10 Behavior Management of Children in Care.
A. The local department shall provide kinship caregivers with
developmentally appropriate and trauma-responsive resources to manage the
behaviors of children in care, including behavior management methods, and
connect the kinship caregiver with community programs to address concerning
behaviors.
B. Kinship caregivers shall establish clear expectations for
behavior and understand and manage challenging behaviors in a trauma-responsive
manner, rewarding good behavior.
C. Only a kinship caregiver or other adult caregiver approved by
the local department and known to the children in care may discipline children
in care.
D. Kinship caregivers may only physically restrain a child in
care to protect the child in care from self-injury or from injuring others.
E. Prohibited punishments include:
(1) Using corporal punishment that includes spanking, shaking,
physical hitting, or any other type of physical punishment, no matter how
inflicted;
(2) Requiring physical exercises such as running laps or
performing pushups;
(3) Forcing a child in care to assume or hold an uncomfortable
position, such as squatting or bending, or to repeat physical movements;
(4) Confining a child in care in a locked room;
(5) Using mechanical or chemical restraints;
(6) Making remarks that belittle or ridicule a child in care or
a child in care's family;
(7) Denying essential program services, such as not taking a
child in care to a planned appointment for educational, psychiatric, or
psychological services;
(8) Withholding visitation or communication with the child in
care’s family;
(9) Withholding meals, clothing, or bedding, or disrupting a
child in care’s sleep; and
(10) Threatening to have a child in care removed from the home.
.11 Investigations of Abuse or Neglect in Kinship Resource
Homes.
A. Initial Notification. If the local department receives a
report of suspected abuse or neglect and initiates an investigation, the local
department shall;
(1) Notify the kinship caregiver that a report of abuse or
neglect has been made.
(2) Notify the parents or guardians of any child in care living
in the kinship resource home and the child in care’s attorney.
B. Investigation.
(1) The CPS unit of a local department shall respond to the
report of abuse or neglect as required by COMAR 07.02.07.
(2) An allegation of abuse or neglect in a kinship resource home
does not require the automatic removal of children in care placed in the
kinship resource home.
(3) The local department shall assess and determine whether it
is in the best interests of any children in care placed in the kinship resource
home to remain in the kinship resource home pending completion of the
investigation.
(4) A local department staff member shall visit the kinship
resource home at least weekly as long as any children in care remain in the
home until the local department decides whether to continue the child in care’s
placement with the kinship caregiver.
(5) A local department shall not place additional children in
care in the home for care or respite care pending the outcome of the
investigation and a decision by the local director or designee as to whether
the child in care’s placement with the kinship caregiver will continue.
(6) The worker and kinship caregiver may take any necessary
actions to ensure the safety of the alleged victim pending completion of the
investigation, but shall not create a safety plan for children in care.
C. Continued Licensure of a Kinship Resource Home.
(1) Within 5 business days of completing the investigation, the
local department shall determine whether the kinship caregiver, household
members, and kinship resource home still meet the standards for a license and
make a recommendation to the local director regarding continued licensure of
the kinship caregiver.
(2) Within 5 business days after receiving the recommendation of
the staff, the local director shall render a written decision as to the
continued licensure of the kinship caregiver and whether any children in care
removed from the kinship resource home may be returned.
(3) The local department shall provide the written decision to
the parents or guardians of any children in care living in the kinship resource
home, the attorneys for those children in care, and the kinship caregiver.
(4) A copy of the local director's decision shall be forwarded
to the Administration and uploaded into the electronic system of record of the
kinship caregiver and any children in care placed in the home when the alleged
abuse or neglect occurred.
.12 Closing a Kinship Resource Home and Revoking a Kinship
Caregiver’s License.
A. Grounds. A local department may close a kinship resource home
and revoke a kinship caregiver license for any of the following reasons:
(1) The child in care for whom the kinship caregiver was caring
no longer lives in the home and is not expected to return within 6 months;
(2) The kinship caregiver has asked the local department to
remove the child in care;
(3) On-going conditions or combination of conditions that cannot
be improved and prevent the kinship caregiver from providing for the physical,
medical, mental health, and educational needs of the child in care; and
(4) Misconduct in the kinship resource home, indicated abuse or
neglect of a child in care, or other conditions that cannot be improved and
pose an immediate threat to a child in care’s health or safety.
B. Notice of Closure and Revocation. The local department shall provide written
notice of the decision to close the home and revoke the kinship caregiver’s
license, including the action the local department will take, the grounds for
the action, and a description of the kinship caregiver’s appeal rights.
C. Removal of Children in Care upon Revocation. Upon deciding to
revoke the license of a kinship caregiver, the local department shall
immediately remove children in care placed in the home.
D. Relicensure After Closure and Revocation. Once revoked, a
local department may not restore a kinship caregiver’s license unless:
(1) The local department determines that the kinship caregiver's
license was not revoked due to noncompliance with any regulation in this
chapter and the kinship caregiver undergoes the relicensing process.
(2) There has been an appeal hearing decision favorable to the
kinship caregiver; or
(3) The local director has given written approval for the
relicensing.
.13 Appeal Procedure.
A. Appeal Rights. A kinship caregiver aggrieved by a local
department's decision to deny, suspend, or revoke a license may appeal under COMAR
07.01.04.
B. Exclusive Jurisdiction of Courts. A kinship caregiver may not
use these procedures to appeal a court’s decision or a decision that only a
court can make.
C. Expedited Appeal. A kinship caregiver who intends to adopt a
child the local department has placed in the kinship caregiver’s home may
appeal a local department’s decision to remove the child by advising the local
department within 30 days of the removal.
(1) The local department shall notify the Office of
Administrative Hearings of the appeal; and
(2) The Office of Administrative Hearings shall hold a hearing
and issue a decision within 45 days of receiving the request.
D. Additional Hearing Rights Under COMAR 07.02.26. If a local department removes a child in care
from a kinship resource home because of a child protective services finding,
the local department shall advise the kinship caregiver of the rights of the
alleged maltreater to request a hearing under COMAR 07.02.26 to challenge that
finding.
RAFAEL LOPEZ
Secretary of Human
Services
Subtitle 02 SOCIAL
SERVICES ADMINISTRATION
07.02.25 LDSS Resource Home
Requirements
Authority: Human Services Article, §2-209, Annotated Code of
Maryland
Notice of Proposed Action
[24-115-P]
The Department of Human Services proposes to repeal existing
Regulations .01—.24 and adopt new Regulations .01—.20 under COMAR
07.02.25 LDSS Resource Home Requirements.
Statement of Purpose
The purpose of this action is to:
(1) Establish the licensing requirements, rights, and
responsibilities of resource parents and local departments;
(2) Ensure that local departments place children with resource
parents who will provide children in out-of-home care with safe, nurturing, and
trauma-informed environments where their connections with family are supported
and maintained; and
(3) Provide a structured framework for resource parents to
collaborate in parenting children in out-of-home care, offer mentorship to the
children’s parents or guardians, and actively participate in the reunification
and permanency planning process.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Daniel Cohen, Research Administrator,
Department of Human Services, 25 S. Charles Street, Baltimore, MD 21201, or
call 443-610-5619, or email to daniel.cohen@maryland.gov. Comments will be
accepted through October 21, 2024. A public hearing has not been scheduled.
.01 Purpose.
A. This chapter establishes the licensing requirements, rights,
and responsibilities of resource parents and local departments.
B. The primary purposes of these regulations are to:
(1) Ensure that local departments place children with resource
parents who will provide children in out-of-home care with safe, nurturing, and
trauma-informed environments where their connections with family are supported
and maintained; and
(2) Provide a structured framework for resource parents to
collaborate in parenting children in out-of-home care, offer mentorship to the
children’s parents or guardians, and actively participate in the reunification
and permanency planning process.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
(1) "Abuse" means:
(a) Child abuse as defined in Family Law Article, §5-701,
Annotated Code of Maryland; or
(b) Sexual abuse of a child as defined in Family Law Article,
§5-701, Annotated Code of Maryland, whether or not a child sustains physical
injuries.
(2) "Administration" means the Social Services Administration
of the Department of Human Services.
(3) "Adoption" means the legal proceeding by which an
individual becomes the child of an adoptive family and has all the legal rights
and privileges to which a child born to that family would be entitled.
(4) “Applicant” means an individual applying to a local
department to be a resource parent.
(5) “Case plan” has the meaning stated in COMAR 07.02.11
(6) “Child” means an individual under age 18.
(7) “Child in care” means a child or young adult for whom the
local department has responsibility for placement, care, custody, or
guardianship.
(8) “Child in care’s family” means the child’s birth family,
adoptive family, or legal guardian.
(9) “CPS” means the child protective services unit that responds
to reports of suspected child abuse or neglect pursuant to Family Law Article
§5-701 et. seq.
(10) “Day” means a calendar day unless otherwise specified.
(11) "Department" means the Department of Human
Services.
(12) "Family" means the basic family unit consisting
of one or more adults and children related by blood, marriage, adoption, legal
guardianship, or domestic partnership as that term is defined in Health General
Article, §6-101, Annotated Code of Maryland.
(13) Foster Care.
(a) "Foster care" means continuous 24-hour care and
supportive services provided for a child a local department places in a
resource home.
(b) "Foster care" includes:
(i) Services to the child's parents or
legal guardians, family, and kin to achieve a safe, permanent placement for the
child;
(ii) Services to the resource parents and monitoring of the
child in the out-of-home placement; and
(iii) Post-placement services to the child and the child's
caregiver to prevent placement disruption or re-entry into out-of-home
placement.
(14) “Household” means the home where the applicant or licensed
resource parent lives.
(15) “Household member” means an individual who lives in or is
regularly present in a household.
(16) “Kin” means an individual who is related to the child
through blood, marriage, adoption, tribal law or custom, or cultural custom or
practice; or an individual who is unrelated to the child, but has a strong
familial or significant bond with the child, or is a person identified by the
child’s parent.
(17) “LGBTIQA+2” means individuals who identify as lesbian, gay,
bisexual, transgender, intersex, queer/questioning, asexual, two-spirit, or
other description that an individual may use to describe their gender,
sexuality, and psychological sex characteristics.
(18) "Licensed" means approved by a local department
as a resource parent and a resource for custody and guardianship or adoption of
a child.
(19) "Local department" means a department of social
services in a county or Baltimore City or the Montgomery County Department of
Health and Human Services.
(20) "Local director" means the director of a local
department.
(21) “Monthly care stipend” means financial support that a local
department provides to a resource parent to assist the resource parent with
caring for a child in care and placed in the resource home.
(22) "Neglect" means child neglect as defined in
Family Law Article, §5-701, Annotated Code of Maryland
(23) “Out-of-home care” means out-of-home placement and the
monitoring of and services provided to a child in aftercare following a child’s
out-of-home placement.
(24) “Out-of-home placement” means a living arrangement for a
child in care, including foster care, kinship care, group care, or residential
treatment care.
(25) "Parent" means the legal mother or father of a child
or young adult whose rights have not been terminated or a legal guardian other
than a local department.
(26) "Permanency plan" means a plan specifying where
and with whom a child in care will live and the proposed legal relationship
between the child and the temporary or permanent caregiver.
(27) “Regularly present in the household” means visiting or
staying in a home with sufficient frequency to make an individual a significant
part of the household.
(28) "Resource home" means the residence of an
individual that a local department has licensed as a resource parent.
(29) "Resource parent" means an individual whom a
local department licenses to provide 24-hour care for a child in care in the
resource home.
(30) "Secondhand smoke" means a complex mixture of
gasses and particles that includes:
(a) Sidestream smoke, that is, smoke
from a burning cigarette, cigar, or pipe; and
(b) Exhaled mainstream smoke.
(31) “Sleeping arrangement” means the location where a child in
care will sleep and the furniture provided for sleeping.
(32) “Worker” means a local department staff member assigned to
work with and support a resource parent or a child in care.
(33) “Young adult” means an individual 18 years old or older but
not yet 21 years old.
.03 Requirements for Resource Parents and Household Members.
A. Applicants.
(1) An individual shall apply to become a licensed resource
parent at the local department in the jurisdiction where the individual
resides.
(2) A couple residing together and applying to be licensed
resource parents shall each meet the requirements of this chapter.
(3) Any applicant, whether applying as a single resource parent
or as part of a couple, shall be:
(a) A United States citizen or non-citizen lawfully admitted for
permanent residence under the Immigration and Nationality Act; and
(b) At least 21 years old.
(4) If an applicant had a prior license, approval, or
certification from another foster care or adoption agency, the local department
shall obtain written confirmation from the previous agency that the applicant
was in good standing.
(5) If an individual moves into a household to become part of a
couple licensed to serve as resource parents, the individual shall meet all the
requirements of this chapter, including meeting the preservice training
requirements.
B. The local department shall have 120 days from the date the
local department accepts the application to approve or deny the applicant for
licensing.
C. Physical Examination for All Individuals Living in the
Household.
(1) The applicant and all household members shall:
(a) Undergo an initial
medical examination by a licensed health care practitioner; and
(b) Authorize the
release of health information to the local department upon request.
(2) For all applicants and household members 18 years old or
older, the initial examination shall include an assessment for risk of
tuberculosis, and, if indicated, the result of any tuberculosis test shall be
provided to the local department.
(3) If an applicant or a member of the household has symptoms or
a history of physical or mental health concerns, or a condition that may be
contagious or injurious to the physical or emotional health of a child in care,
the local department may:
(a) Require the individual to undergo additional medical or
mental health examinations as specified by the local department;
(b) Require the individual to provide written documentation from
the examining health care practitioner stating that the medical or mental
health condition is not likely to prevent a child in care from receiving care
and attention in the home and is not communicable, or harmful to a child in
care; and
(c) Deny, suspend, or revoke a resource parent license if the
local department does not receive the written documentation within a reasonable
amount of time from the date of the request for documentation.
(4) All applicants who intend to accept placement of a child in
care under the age of 1 shall provide proof of an up-to-date pertussis
vaccination for themselves and for any household member 18 years or older.
(5) An individual who joins the household shall comply with the
requirements of this section.
D. Background Clearances.
(1) An applicant and any household member 18 years old or older
shall apply for a State and federal fingerprint-based criminal background
clearance and provide sufficient information for a local department to conduct
the clearances and searches in §D(2) and (3) of this regulation.
(2) Review Clearance Results. For all applicants and household
members 18 years or older, the local department shall review the results of:
(a) State and federal fingerprint based criminal background
clearances;
(b) Child protective services clearances;
(c) Motor Vehicle Administration driving records;
(d) A search of the Maryland Judiciary Case Search; and
(e) A search of the Maryland and National Sex Offender
registries.
(3) Out-of-State CPS Clearance. The local department shall
request information from the state-maintained child abuse and neglect registry
in any state in which an applicant or household member 18 years old or older
has lived within the prior 5 years to determine whether that individual has
been found responsible for child abuse or neglect.
(4) A local department may not license or continue to license an
individual as a resource parent if that individual or any household member 18
years old or older has a felony conviction for:
(a) Child abuse or neglect;
(b) Spousal abuse;
(c) A crime against a child or children, including child
pornography;
(d) A crime of violence as enumerated in the Criminal Law
Article, § 14-101, Annotated Code of Maryland, including rape, sexual assault,
or homicide, but not including other physical assault or battery; or
(e) Human trafficking.
(5) A local department may not license or continue to license an
individual as a resource parent if that individual or any household member 18
years old or older has a felony conviction within the prior 5 years, involving:
(a) Physical assault;
(b) Battery; or
(c) Drug-related offense.
(6) Review of Charges.
(a) A local department shall review charges, investigations,
other convictions, or findings related to any other crimes of any applicant or
adult household member to determine their possible effect on:
(i) The safety of any child in care;
(ii) The ability of the local department to achieve its goals in
providing services to any child in care; and
(iii) The applicant’s ability to execute the responsibilities of
a resource parent.
(b) A local department may deny, suspend, or revoke a resource
parent license based on this review.
(7) Review of CPS History.
(a) If the local department receives information that reveals a
pending CPS investigation, the local department may not license an applicant
until the investigation is completed.
(b) The local department may not license or continue to license
as a resource parent an individual if they or any household member has been
indicated for child abuse or neglect, either in this state or in another state.
Only a local director may grant an exception and shall do so in writing.
(c) When assessing whether to grant an exception, the local
director shall make a decision that is in children’s best interest taking into
account the following:
(i) The nature and severity of the
maltreatment that resulted in the finding;
(ii) The number of indicated findings;
(iii) Any factors that might indicate that the maltreatment was
a one-time incident including the circumstances surrounding the maltreatment
and the number of years that have passed since the maltreatment; and
(iv) Any evidence that the applicant or household member has
changed since the most recent maltreatment.
(8) After a local department licenses a resource home, if an
individual 18 years old or older joins the household, or if any household
member becomes 18, the local department shall review for those individuals the
results of the following clearances:
(a) State and federal fingerprint based criminal background
clearances;
(b) In-State, and if applicable, out-of-State, child protective
services clearances
(c) Motor Vehicle Administration driving records;
(d) Maryland Judiciary Case Search; and
(e) Maryland and National Sex Offender registries.
E. Child Support Clearance. For applicants only, the
local department shall review the result of a child support clearance.
(1) If the applicant has a child support arrearage, the local
department shall:
(a) Provide the applicant with the opportunity to correct the
arrearage; and
(b) Inform the applicant that they may either pay the arrearage
in full or make payment arrangements with the Child Support Administration that
are acceptable to the local department.
(2) The local department may deny the application if the
applicant cannot, within the 120-day application process, make:
(a) Full payment; or
(b) Enter into a payment agreement.
F. Financial Stability of Resource Parents.
(1) A resource parent
shall have sufficient income and financial stability to provide reasonable
living conditions for their family group without depending on the monthly care
stipend.
(2) Except when a resource parent is participating in a
DHS-sponsored program in which a stipend is provided to allow one or more
parents to operate without external income resources, a resource parent shall
have income or resources to make timely payments for shelter, food, utilities,
clothing, and other household expenses prior to the addition of a child in
care.
(3) If a resource parent receives government assistance, the
local department may not disqualify the resource parent solely on this basis.
G. Transportation. A resource parent shall ensure that the child
in care has legal and safe transportation to and from:
(1) Medical, mental health, and dental appointments;
(2) School;
(3) Social events;
(4) Employment;
(5) Visits or activities with family and friends; and
(6) Events scheduled by the local department.
H. Plans for Child Care and Alternative Supervision.
(1) If a resource parent requires child care services for a
child in care while the resource parent is employed or in school:
(a) The resource parent shall discuss the child care plan with
the local department and obtain local department approval for the plan; and
(b) The child care provider shall be certified by the Maryland
State Department of Education Office of Child Care or approved by another
agency that provides child care services consistent with the licensing
standards of the Maryland Department of Education Office of Child Care, unless
the local department approves a plan for informal child care.
(2) Nothing in this section precludes a resource parent from
arranging appropriate child care on an occasional basis for a child in care.
.04 Requirements for Resource Homes.
A. Health and Safety.
(1) The worker shall assess the home using a home health and
safety survey approved by the Administration to ensure that the home meets
health and safety standards; and
(2) If a worker has concerns about the health and safety of the
home, the worker may request that the local health department or other
certified inspector inspect the home, which may include water and lead testing.
B. Fire Safety.
(1) The worker shall assess the home for fire safety using a
fire safety survey approved by the Administration.
(2) The resource home shall have working smoke and carbon
monoxide detectors.
(3) If a worker has concerns about fire safety, the worker may
request that a fire marshal or other certified fire inspector complete an
inspection of the home.
C. General Safety Requirements.
(1) Firearms and Ammunition.
(a) All firearms in the resource home shall be unloaded, stored
in a locked storage area, and inaccessible to children.
(b) All ammunition shall be stored separately from the firearms
in a locked storage area, inaccessible to children.
(c) The resource parent shall take all safety precautions to
ensure that firearms are not used to injure children in the resource home.
(d) The worker shall obtain assurances from the applicant that
no loaded firearms will be kept in the resource home unless required because a
state, federal, or local law enforcement officer lives in the household and
maintains and stores the firearms, in accordance with state, federal, and local
law enforcement safety procedures.
(2) Potentially dangerous materials. A resource parent shall
ensure that prescription and non-prescription medication, dangerous household
supplies, tools, and any other potentially dangerous items are inaccessible to
children.
(3) Window Coverings. A window covering installed before October
1, 2010, may not have unsecured cords, beads, ropes, or strings. Any window
covering installed after October 1, 2010, shall be cordless.
(4) Sleeping and Living Areas. The resource home shall:
(a) Provide the child in care space for privacy, studying, and
the storage of clothes, toys, and personal possessions; and
(b) Provide a safe sleeping arrangement for the child in care as
follows:
(i) A sleeping arrangement may include
a bunk bed, trundle bed, or another safe permanent arrangement the local
department deems appropriate;
(ii) A child in care under two years old shall sleep in a crib
or other secure bed that will ensure the child in care’s safety;
(iii) Except for a child in care younger than 2 years, children
in care of opposite genders may not sleep in the same room unless otherwise
approved by the local department;
(iv) A child in care 2 years old or older may not share a
bedroom with an adult unless otherwise approved by the local department; and
(v) A child in care may not share a bed with an adult or another
child.
(5) Pets. A resource parent who has a pet in the home shall:
(a) Provide age-appropriate supervision when the child in care
is interacting with the pet; and
(b) Keep the pet up to date on rabies vaccinations.
(6) Swimming Pools, Hot Tubs, Spas, Waterfront Properties, Fish
or Duck Ponds, and Similar Bodies of Water.
(a) A resource parent shall provide supervision with regard to
water safety appropriate for a child in care's age and ability.
(b) The resource home worker shall:
(i) Discuss requirements for barriers
and safety mechanisms to ensure the safety of children in care; and
(ii) Inspect the pool, hot tub, spa, waterfront property, fish
or duck pond, or similar body of water for safety compliance.
(c) A resource parent shall ensure that any swimming pool, fish
or duck pond, or similar body of water at the resource home:
(i) Is maintained in a safe and
sanitary condition; and
(ii) Complies with county zoning, building, or health codes or
ordinances.
(d) With regard to an in-ground pool, the resource parent shall
have the pool area enclosed by a fence at least four feet high with a gate that
can be locked or have another safety mechanism to prevent access to the pool
from the resource home;
(e) With regard to an above-ground swimming pool or hot tub, the
resource parent shall have:
(i) Retractable or removable ladders
that shall be locked when not in use or stored away from the pool; and
(ii) A pool with sides at least four feet above the ground at
all points or fencing around a pool that is at least four feet high at all
points;
(f) All doors and gates that access a pool, hot tub, or spa
shall have locks;
(g) If a pool, hot tub, or spa has a deck area with a door, the
door shall be locked;
(h) All permanent steps to the pool, hot tub, or spa shall have
a locked gate;
(i) A pool, hot tub, or spa shall not
have climbable objects on the exterior;
(j) Hot tubs or spas shall be securely covered when not in use;
(k) When there is waterfront property, a fish or duck pond, or a
similar body of water at or near the resource home, the local department may
require that the body of water or the resource home be fenced with a locked
gate or have other safety mechanisms in place;
(l) A resource parent shall have at least one individual
currently trained in cardiopulmonary resuscitation (CPR) present at the
resource home's swimming pool and water recreation area when being used by a
child in care;
(m) Upon consideration of the following, a local director may
give a resource parent a written exemption from one or more provisions of this
subsection if doing so does not violate zoning, building or safety codes, or
related ordinances;
(i) The age, special needs, and
swimming ability of the child in care placed in the resource home;
(ii) The proximity and location of the pool, hot tub, spa, or
body of water to the resource home; and
(iii) Any other safety mechanism in place that ensures the
safety of the child in care.
.05 Limitations on Resource Homes.
A. Restrictions. A local department may not permit a resource
parent it licenses to:
(1) Provide child care unless registered with the Maryland State
Department of Education as a child care provider;
(2) Be approved to provide child or adult care by more than one
agency unless the local director or designee gives approval in writing;
(3) Be licensed as both a child placement and an adult placement
resource unless the Administration gives the resource parent written approval
for the express purpose of allowing a child in care to transition to the care
of the Maryland Developmental Disabilities Administration in the Maryland
Department of Health;
(4) Be licensed by a private and public child placement agency
concurrently;
(5) Independently accept a child for care from an individual or
agency other than the agency that licensed the resource parent;
(6) Provide housing and care except to a child of a relative or
friend on a temporary basis, and this child shall be counted as the resource
parent's own child in the count of the children in the home;
(7) Care for an adult who has special medical or mental health
needs unless the local department evaluates the situation and determines that
this care does not interfere with the care of the child in care;
(8) Except as provided for in § B of this regulation, care for
more than six children in the resource home, including those of the resource
parent;
(9) Care for more than two children under the age of 2,
including the resource parent's own children, unless approved by the local
department.
B. Exception. The local department may permit a resource parent
to care for up to eight children, including the resource parent’s children:
(1) When necessary to keep a sibling group together;
(2) In the case of an emergency placement of up to 90 days; or
(3) In appropriate circumstances, if the local director or
designee has given written approval.
C. Resource parent licensed as a child care provider. When a
resource parent is licensed to provide child care, the resource parent:
(1) May not exceed the child capacity number stated on the
certificate of registration issued by the Maryland State Department of
Education Office of Child Care;
(2) Shall follow the age and child-to-adult ratio requirements
outlined by the Maryland State Department of Education Office of Child Care;
and
(3) Shall provide a signed copy of the dual license agreement
between the resource parent, the Maryland State Department of Education Office
of Child Care, and the local department.
D. Education.
(1) Homeschooling. A resource parent:
(a) May not homeschool a child in care without court approval;
(b) Shall utilize a homeschool program approved by Maryland
State Department of Education; and
(c) Shall provide homeschool progress reports at a frequency
established by the local department or the court.
(2) Private or Parochial Schooling.
(a) A resource parent shall get approval from the local
department or the child in care’s parents or legal guardians before enrolling a
child in care in a private or parochial school, unless otherwise ordered by the
court.
(b) If a local department or the child in care’s parents or
guardians approve a child in care’s enrollment in a private or parochial
school, the local department:
(i) May not pay any costs for tuition,
books, or any other costs associated with a child in care enrolled in an
accredited private or parochial school; and
(ii) May not supplement the monthly care stipend to pay these
costs.
(3) Enrollment. When a child who enters care is already enrolled
in an accredited private or parochial school, the resource parent shall enroll
the child in care in a public school unless the resource parent, with the
permission of the local department or the child in care’s parents or legal
guardians, assumes financial responsibility for the child in care’s continued
enrollment in the private or parochial school or the parents or legal guardians
continue to financially provide for the education.
.06 Resource Parent Standards.
A. A local department shall license a resource parent who can
meet the complex needs of children in care while supporting reunification or
other permanency plans.
B. A resource parent shall have the following characteristics:
(1) Knowledge of and ability to provide children in care a
positive, nurturing, and trauma-informed environment;
(2) Willingness to work cooperatively with the local department
in:
(a) The best interest of the child in care;
(b) Establishing a supportive relationship with the parents or
legal guardians and other family members of the child in care;
(c) Supporting the permanency plan established by the local
department and the courts;
(d) Supporting the goals established in the case plan;
(e) Being available to local department staff for communication
and home visits; and
(f) Ensuring that the requirements of this chapter are met.
(3) Maturity and personality characteristics that:
(a) Help the child in care understand placement in out-of-home
care and the child in care's own feelings about the placement; and
(b) Help maintain the child in care’s family connections through
regular and consistent family contact as required by the local department.
(4) The capacity to value, understand, respect, and support
individuals from different racial, ethnic, religious, cultural heritage,
socio-economic backgrounds, sexual orientation, and gender identity and
expression from that of the resource parent;
(5) The capacity to understand that it is in the best interest
of a child in care, of multiracial parentage to have multiracial experiences;
(6) The skills to promote the process of socialization through
family life to enhance the child in care's growth and learning;
(7) The suitability in age and physical stamina to meet the
demands of the care of growing children;
(8) The emotional capacity to handle life's stresses and adapt
to change and difficult situations;
(9) The willingness to support and encourage a child in care's
educational progress and take an active role by attending school conferences
and similar activities whenever possible; and
(10) The ability to provide time free from the interference of
other responsibilities and to give a child in care needed care, supervision,
and attention
.07 Resource Parent Training.
A. Pre-service Training.
(1) Each resource parent applicant shall complete a pre-service
training program approved by the Administration. This training shall cover the
following:
(a) Role and relationships between local department personnel,
the resource parent, the child in care's parents or legal guardians, and the
child in care;
(b) Developmental needs of children in out-of-home care;
(c) Attachment, separation, grief, and loss;
(d) Trauma-related behaviors and trauma-informed parenting;
(e) Confidentiality;
(f) Behavior management;
(g) Reasonable and prudent parenting;
(h) Co-parenting with parents and legal guardians;
(i) Supporting a child in care’s
relationship with their parents or legal guardian;
(j) Maintaining a child in care’s connections;
(k) Reunification and permanency plans;
(l) Effective communication;
(m) Conflict resolution;
(n) Cultural and religious differences between the resource
parent and the child in care’s family
(o) Issues faced by individuals who identify as LGBTQIA+2;
(p) Caring for children in care with medical, mental health, and
behavioral needs;
(q) Recognizing and responding to signs of depression, anxiety,
and other mental health conditions;
(r) Administration and storage of medications;
(s) Recognizing and reporting signs of child abuse and neglect;
and
(t) Services available for children in care and resource
parents.
(2) The local department may consider another nationally
recognized pre-service training program completed within the prior 3 years as
meeting the pre-service training requirement.
(3) If a resource parent applicant completes the pre-service
training, the training is valid for 3 years from the date of completion.
(4) Resource parents who relocate to Maryland and have had an
active resource home license in another state within the prior 3 years may be
exempt from pre-service training requirements at the discretion of the local
department.
B. Continuing Training.
(1) Each resource parent shall complete at least 10 hours of
training approved by the local department annually, including 2 hours of
behavior management training, every 2 years.
(2) The training may cover the areas listed in §A of this
regulation and any additional topics as needed.
C. CPR & First Aid Training. Prior to a local department
licensing a resource parent and at 2-year intervals thereafter, each resource
parent shall complete cardiopulmonary resuscitation (CPR) and first aid
training.
.08 Home Study.
A. Consideration. The local department shall prioritize
initiating a home study on the basis of the applicant's flexibility in the
children they can parent and the needs of children in out-of-home care.
B. Local Department Assessment.
(1) The home study process shall provide an opportunity for a
local department to study and assess an applicant’s potential for resource
parenting; and
(2) The local department shall use a home study framework
approved by the Administration.
C. Self-Assessment. The home study process shall include an
opportunity for the applicant to assess their potential for resource parenting.
D. A home study shall provide in-depth information about
out-of-home care, reunification, and adoption to an applicant, including:
(1) The differences between foster parenting, parenting one's
own child, and adoption of a child;
(2) The reasons children enter out-of-home care;
(3) The needs and challenges of children in need of out-of-home
care and adoption, including medical, mental health, behavioral, educational,
and social needs;
(4) The needs and expectations of parents, or legal guardians
and their rights, and responsibilities, including visitation;
(5) The importance of family and kinship connections including
the priority of placing children with family or kin whenever available;
(6) The role and responsibilities of resource parents to the
child in care, the child in care’s parents, kin or legal guardians, the local
department, and the resource parent's own family;
(7) The role and responsibilities of the local department to the
resource family, the child in care, and the child in care’s family and kin;
(8) The Administration's behavior management, confidentiality,
and reasonable and prudent parenting policies;
(9) The impact foster care and adoption may have on the
applicant’s own family;
(10) The impact that separation and placement may have on the
child in care, the child in care’s family, and the resource family;
(11) The nature and purpose of the permanency plan, the case
plan, and the service agreement;
(12) The requirements for licensing a resource parent;
(13) Understanding that the priorities of a permanency plan may
change throughout the life of the case;
(14) The option to be considered as an adoptive home for
children who have a permanency plan of adoption by a non-relative;
(15) The legal, technical, procedural, financial, medical, and
educational aspects of foster care;
(16) An overview of the Citizens Review Board for Children and
other review processes and the resource parents' role in these processes; and
(17) The requirement that each resource parent applicant attend
and complete the pre-service and continuing training and any additional
training required by the Administration.
E. Resource Home Study Process.
(1) Initiation of Application. The applicant shall:
(a) Sign a resource parent application and, as applicable, the
consent to release confidential information forms;
(b) Complete resource home application materials;
(c) Participate in home study interviews; and
(d) Complete other tasks as requested by the local department.
(2) Visits.
(a) The worker shall conduct at least three visits with the
applicant, one of which may be conducted by videoconference.
(b) The visits in the applicant’s home shall include:
(i) A discussion with all household
members; and
(ii) An inspection of the home.
(3) References.
(a) The worker shall obtain three personal written references.
(i) One of the references shall be by
a relative; and
(ii) Two of the references shall be by non-relatives;
(b) The worker shall conduct interviews with each reference:
(i) Two of the interviews, shall be
in-person or by video conference; and
(ii) The third interview may be conducted by telephone.
(c) The worker shall obtain a written reference from a school
staff member or homeschool monitor for each school-aged child in the
applicant’s home.
F. Recommendation of Resource Home for Licensing.
(1) A local department shall notify an applicant in writing,
within 120 days of the date that the local department accepts the application,
of its decision to approve or deny licensure.
(2) An applicant aggrieved by a decision may file an appeal
according to Regulation .20 of this chapter.
(3) An individual licensed under this chapter as a resource
parent is dually licensed for both foster care and adoption.
.09 Denial of License.
A. The local department may deny an application if:
(1) The applicant, a household member, or the home in which the
child in care will be placed fails to meet the requirements of this chapter;
(2) The local department’s evaluation of the application
materials reveals that the applicant knowingly reported false information;
(3) The local department, another department, or a private child
placement agency has previously denied or revoked a license of the applicant as
a resource home, kinship home, or adoptive resource unless the local department
is satisfied that the condition that was the basis for the denial or revocation
has been corrected;
(4) The applicant prevents the local department from completing
its responsibilities for licensure;
(5) An evaluation of criminal records or child abuse or neglect
records of the applicant or a household member indicates behavior harmful to a
child in care; or
(6) Based on substantial, credible evidence, the local
department concludes that the applicant cannot provide for the health, safety,
or welfare of the children in care because of abuse of alcohol or other
controlled dangerous substances, mental health concerns, or any other condition
that creates reasonable doubt as to the applicant's ability to provide foster
care.
.10 Reconsideration of a Resource Home.
A. A local department shall:
(1) Conduct an annual reconsideration of each resource parent
and resource home that includes at least one home visit to determine continuing
compliance with this chapter.
(2) Provide written notice to the resource parent of an upcoming
annual reconsideration at least 60 days prior to the reconsideration due date;
(3) Conduct a review of the resource home record and interview
the worker for each child in care placed in the resource home in preparation
for the reconsideration;
(4) Conduct an inspection of the resource home and
complete a home health and safety survey and fire safety survey;
(5) Review and obtain an updated signed copy of the resource
parent and kinship caregiver agreement;
(6) Obtain written verification of each resource parent’s
income, if applicable;
(7) Obtain written verification of an updated medical
examination every 2 years from the date of licensure for all household members
or when there are indications of serious health problems;
(8) Obtain proof of updated rabies vaccinations for any pets, if
applicable; and
(9) Update the CPS, Motor Vehicle Administration, Maryland
Judiciary Case Search, and Maryland and National sex offender registry
clearances for the resource parent and household members 18 years old or older,
and a child support clearance for the resource parent.
B. A new household member who will take on the role of a
resource parent shall complete:
(1) An application to be a resource parent;
(2) All other forms required of a resource parent;
(3) Clearances required of a new resource parent; and
(4) Preservice training;
C. A worker may discuss the following with the resource parents:
(1) Composition of the resource family,
(2) The relationship of the resource parents with each other,
with their own children, and with the children in care;
(3) Satisfactions and difficulties of resource parenting;
(4) The family’s social and recreational activities, and
household responsibilities;
(5) Methods of behavior management;
(6) The resource parents’ relationship with the child in care’s
parents and family;
(7) The results of any clearances, as appropriate;
(8) The resource parent’s child care plan;
(9) The resource parent’s involvement in meeting the child in
care’s education and health care needs;
(10) Any preferences for children in care placed in the resource
home in the future in terms of number, age, or gender; and
(11) The child in care’s permanency plan.
D. The worker shall complete the annual reconsideration and
share the status of the license with the resource parent, in writing within 30
days of the reconsideration date.
E. Major Changes.
(1) Resource parents shall notify the local department of major
changes in their lives that may affect their ability to care for children in
care, including:
(a) Illness or death of a household member;
(b) Marital problems or significant conflict in the household;
(c) A move to a new residence;
(d) Suspected abuse or neglect in the home; and
(e) Changes in the family composition due to individuals leaving
or joining the household, marriage, separation, divorce, or another occurrence.
(2) The local department shall discuss each major change and
determine whether to complete a reconsideration.
(3) If the resource parent moves to a new residence, the local
department shall assess the home by completing:
(a) A fire safety survey; and
(b) A home health and safety survey.
.11 Local Department Responsibility to Resource Parents.
A local department shall:
(1) Provide pre-service and continuing training opportunities;
(2) Help resource parents understand their rights and
responsibilities;
(3) Consistent with regulation .12A of this chapter, provide the
resource parents with all known information that is available about the child
in care and the reason the child in care entered out-of-home care;
(4) Advise the resource parents about medical requirements
regarding children in care;
(5) Provide resource parents with a health passport for each
child in care placed in the resource home;
(6) Maintain regular contact with the resource parent and the
child in care in the resource home;
(7) Provide appropriate supportive services that will enable the
resource parents to meet the unique needs of the child in care;
(8) Respond as soon as possible or provide appropriate crisis
response contacts for crisis situations that may arise from the child in care's
placement in the resource home;
(9) Upon placement, initiate a monthly care stipend for the
resource parents and explain the initial clothing allowance and how to obtain
payment or reimbursement for allowable expenditures made to meet the child in
care's needs, including child care;
(10) Inform the resource parents of any requirements in the
service plan that would directly affect a child in care;
(11) Inform the resource parents of the child in care's
permanency plan, including family finding efforts, and keep the resource
parents updated as to the progress of that plan and give the resource parents
the ability to provide input as to the plan;
(12) Obtain the agreement of resource parents to any visitation
plan that involves the use of the resource parents' home or requires the
resource parents to transport the child in care, with attempts made to balance
the resource parents’ right to privacy with the right of the parents to visit
the child in care; and
(13) Assist the resource parents in preparation for the
separation of the child in care from out-of-home care.
.12 Rights of a Resource Parent.
A. Information About a Child in Care. Prior to a local
department placing a child in care in a resource home, and upon learning new
information, the worker shall provide the resource parent with all known
information about the child in care’s medical, mental health, behavioral,
educational, social, and emotional background, including the reason the child
in care came into care and any change in the case plan. Information about the
child in care’s family that may be privileged or confidential may not be
disclosed.
B. Monthly Care Stipend. Upon placement, the resource parent has
a right to a timely monthly care stipend, an initial clothing allowance if this
is the child in care’s first placement, and timely reimbursement for allowable
expenditures made to meet the child in care's needs, including child care.
C. Notice of Court Hearings and Meetings. Except for meetings
covered by attorney-client privilege, or meetings when confidential information
about the parents or legal guardians is discussed, the worker shall advise the
resource parent of:
(1) The date and time of, and when applicable, right to
participate in, family team decision meetings and educational or mental health
team meetings regarding a child in care placed in the resource home;
(2) Unless waived for good cause, at least 10 days before
scheduled court proceedings, the date and time of any scheduled court hearing;
(3) The right to be heard at court hearings;
(4) Recommendations the local department will make in court
regarding the child in care’s permanency plan, placement, or visitation; and
(5) Decisions made by the local department and court regarding a
child in care placed in the resource home.
D. Advance notice of removal. Except as waived by court order or
when the local department determines that a child in care is at imminent risk
of harm, the local department shall give the resource parent reasonable written
notice of plans to remove the child in care from the resource home.
E. A resource parent has the right to liability insurance
coverage for certain damages in accordance with Regulation .19 of this chapter.
.13 Responsibilities of a Resource Parent.
A. Responsibilities to a Child in Care. A resource parent shall:
(1) Participate in the child in care's physical health, mental
health, and dental health care, including documenting every healthcare visit in
the child in care’s health passport and advising the child in care’s worker;
(2) Participate in the child in care's educational process;
(3) Provide supervision and guidance appropriate to the child in
care's age and developmental level;
(4) Provide daily essentials that are required for the health,
comfort, and personal care of a child in care;
(5) Help the child in care cope with any anxiety of being away
from the child in care’s family or guardians, and promote the child in care’s
self-esteem and positive self-image;
(6) Respect the child in care and the child in care's family and
kin;
(7) Whenever possible engage and partner with the child in
care’s family and kin;
(8) Be sensitive to and respect the child in care's individual
needs, tastes, and values, and support the child in care's religious beliefs,
cultural customs, sexual orientation, and gender identity and expression;
(9) Involve the child in care in family activities;
(10) Establish clear expectations for and limits on behavior;
(11) Provide or arrange transportation to appointments,
extracurricular activities, employment, and social, and cultural events;
(12) Support the child in care in understanding their permanency
plan and any move from the resource home;
(13) Provide an environment free from exposure to secondhand
smoke for a child in care;
(14) Protect confidential information regarding a child in care
and their family;
B. Responsibilities to a Child in Care's Family. A resource
parent shall:
(1) Assist the local department in maintaining and improving the
child in care's relationship with the child in care’s family and support this
relationship by helping with family visits, which may include visits in the
resource home;
(2) Maintain an attitude of respect and understanding towards
the child in care’s family;
(3) Provide regular updates and information about the child in
care's life; and
(4) Serve as a role model for the child in care’s family.
C. Responsibilities to the Local Department. A resource parent
shall:
(1) Participate in required training;
(2) Work as a team member in assessing a child in care's
strengths and needs, and implementing the child in care’s case plan;
(3) Update the local department on the child in care's
development and adjustment;
(4) Attend case reviews and meetings as requested by the local
department;
(5) Immediately notify the local department of changes within
the resource family, such as:
(a) Employment and child care arrangements;
(b) Composition of the household;
(c) Address, telephone number, and email address;
(d) Health status; and
(e) Stressful conditions that may affect the child in care.
(6) Provide at least 30 days notice
when requesting a child in care be moved except in circumstances that
immediately affect the child in care or resource family’s health or safety;
(7) Report any suspected incident of child physical or sexual
abuse or neglect to the local department as soon as the incident becomes known
to the resource parent;
(8) Notify the local department if a child in care runs away or
otherwise cannot be located; and
(9) Notify the local department of any criminal charges,
investigations, or findings related to any crime committed or alleged to have
been committed by a household member.
.14 Behavioral Management of Children in Care.
A. The local department shall provide resource parents with
developmentally appropriate and trauma-informed resources to manage the
behaviors of children in care, including behavior management methods, and
connect the resource parent with community programs to address concerning
behaviors.
B. Resource parents shall establish clear expectations for
behavior and understand and manage challenging behaviors in a trauma-informed
manner, rewarding good behavior.
C. Only a resource parent or other adult caregiver approved by
the local department and known to the child in care may discipline a child in
care.
D. Resource parents may only physically restrain a child in care
to protect the child in care from self-injury or from injuring others.
E. Prohibited punishments include:
(1) Using corporal punishment that includes spanking, shaking,
physical hitting, or any other type of physical punishment, no matter how
inflicted;
(2) Requiring physical exercises such as running laps or
performing pushups;
(3) Forcing a child in care to assume or hold an uncomfortable
position such as squatting or bending, or to repeat physical movements;
(4) Confining a child in care in a locked room;
(5) Using mechanical or chemical restraints;
(6) Denying essential program services, such as not taking a
child in care to a planned appointment for educational, psychiatric, or
psychological services;
(7) Withholding visitation or communication with the child in
care’s family or kin;
(8) Withholding meals, clothing, or bedding, or disrupting a
child in care’s sleep;
(9) Making remarks that belittle or ridicule a child in care or
a child in care's family; and
(10) Threatening to have a child in care removed from the
resource home.
.15 Investigations of Abuse or Neglect in Resource Homes.
A. Initial Notification. If the local department receives a
report of suspected abuse or neglect and initiates an investigation, the local
department shall:
(1) Notify the resource parent that a report of abuse or neglect
has been made; and
(2) Notify the parents or legal guardians of any children in
care living in the resource home and the children in care’s attorney.
B. Investigation.
(1) The CPS unit of a local department shall respond to the
report of abuse or neglect as required by COMAR 07.02.07.
(2) An allegation of abuse or neglect in a resource home does
not require the automatic removal of children in care placed in the resource
home.
(3) The local department shall assess and determine whether it
is in the best interests of any children in care placed in the resource home to
remain in the resource home pending completion of the investigation.
(4) A local department staff member shall visit the resource
home at least weekly as long as any children in care remain in the home until
the local department makes a decision about the continued licensure of the
resource home.
(5) A local department shall not place additional children in
care in the resource home for care or respite care pending the outcome of the
investigation and a decision by the local director or designee as to the
continued licensure of the resource home.
(6) The worker and resource parent may take any necessary
actions to ensure the safety of the alleged victim pending completion of the
investigation, but shall not create a safety plan for children in care.
C. Continued Licensure of Resource Home.
(1) Within 5 business days of completing the investigation, the
local department shall determine whether the resource parent, household
members, and resource home still meet the standards for a license and make a
recommendation to the local director as to the continued licensure of the
resource parent.
(2) Within 5 business days after receiving the recommendation of
the staff, the local director shall render a written decision as to the
continued licensure of the resource parent and whether any children in care
removed from the resource home may be returned.
(3) The local department shall provide the written decision to
the parents or guardians of any children in care living in the resource home,
the attorneys for those children in care, and the resource parent.
(4) A copy of the local director's decision shall be forwarded
to the Administration and uploaded into the electronic system of record of the
resource parent and any children in care placed in the resource home when the
alleged abuse or neglect occurred.
.16 Resource Parent License on Hold.
A. A licensed resource parent may choose to suspend acceptance
of children in care for up to 1 year and still maintain licensed status.
B. During the period in which the license is on hold, the
resource parent is not required to undergo an annual reconsideration. At the
point that the resource parent wishes to accept children in care, the local
department shall complete a reconsideration.
C. The local department shall close the resource home if the
resource parent does not wish to accept children in care at the end of the
1-year period.
D. The local department shall give a resource parent 30 days
written notice that includes the intended action to close the resource home and
the resource parent's right to appeal the local department’s decision.
.17 Relicensing a Closed Resource Home.
A. If former resource parents request that their home be
relicensed within 3 years of being closed in good standing, the local
department shall conduct a reconsideration as required under Regulation .10 of
this chapter and require that:
(1) Each resource parent and household members 18 years old or
older apply for new state and federal fingerprint-based criminal background
clearance and CPS clearances;
(2) Each resource parent completes 10 hours of in-service
training, including 2 hours of behavioral management training; and
(3) Each resource parent completes CPR and first aid training,
if it has been more than 2 years since last completed.
B. If former resource parents have been closed for more than 3
years, the resource parents may apply to be relicensed and shall meet all the
requirements outlined in this chapter.
.18 Resource Home Closure, Suspension, and Revocation.
A. Closure of a Resource Home.
(1) A local department may close a resource home for one or more
of the following reasons:
(a) The local department has not placed any children in the
resource home in the previous 2 years; or
(b) The characteristics of the children the resource parent is
willing to accept for care in the resource home are not consistent with the
characteristics of the children in care or entering care.
(2) The local department shall give a resource parent 30 days
written notice that includes the intended action to close the home and the
resource parent's right to appeal the local department’s decision.
B. Suspension.
(1) After receiving a complaint indicating possible violations
of the resource home regulations, a local department shall assess to determine
compliance with applicable regulations and discuss the possible violations with
the resource parent.
(2) A local department may suspend a resource parent license for
a period not exceeding 60 days for a violation of these regulations.
(3) Except in situations that permit an emergency suspension,
the local department shall provide 20 days advance notice of a suspension and
send the resource parent:
(a) Notice that includes the intended action;
(b) A statement of the grounds and specific regulations
violated; and
(c) A statement describing the resource parent's right to appeal
the decision of the local department.
(4) When a resource parent license is suspended, the local
department may not place any new children in care in the resource home.
(a) Children in care may remain in the home only if:
(i) The suspension was caused by a
violation of these regulations that does not threaten the health and safety of
the children in care:
(ii) The local department agrees that the reason for the
suspension can be corrected within 60 days from the date of the suspension; or
(iii) The resource parent files an appeal within 20 days of the
local department's notice.
(b) If the resource parent does not correct the reason for the
suspension, the local department shall remove the children from the home within
60 days of the date of suspension.
(5) The local department shall restore the resource parent’s
license status or revoke the license by the end of the suspension period.
C. Revocation.
(1) The local department may revoke a license for any violation
of these regulations.
(2) Except in situations that permit an emergency revocation the
local department shall provide 20 days advance notice of a revocation.
(a) The local department shall send the resource parents;
(i) Notice that includes the intended
action;
(ii) A statement of the grounds and specific regulations
violated; and
(iii) A statement describing the resource parent's right to
appeal the decision of the local department.
(3) If the resource parents do not appeal an intended revocation
within 20 days, the local department shall immediately remove the children from
the home.
D. Emergency Suspension or Revocation.
(1) If the local department finds evidence of gross incompetence
or gross misconduct in the resource home or other action or condition that
poses an immediate threat to the children’s health and safety, the local
department shall, without giving 20 days notice,
suspend or revoke the resource parent license.
(2) The local department shall send the resource parents;
(a) Notice that includes the intended emergency revocation or
suspension;
(b) A statement of the grounds and specific regulations
violated; and
(c) A statement about the resource parent’s right to appeal the
local department’s
decision.
(3) If the local department decides to issue a notice of an
emergency revocation or suspension, the local department shall immediately
remove the children.
(4) Once suspended or revoked on an emergency basis, the local
department shall not restore the resource parent’s license unless:
(a) The resource parent has received a favorable appeal hearing
decision; or
(b) The local director has given written approval for the
reinstatement.
.19 Liability Insurance and Reimbursement for Loss to Resource
Parents.
A. The Administration shall provide liability insurance for
resource parents who care for children under certain conditions.
B. The insurance shall cover the following:
(1) Bodily injury and property damage that a child in care
causes to a person or the property of a person other than a resource parent;
and
(2) Actions against a resource parent by a natural parent for
any accident to the child.
C. Reimbursement
(1) Subject to the provisions of this section, the Department
shall reimburse a resource parent for costs of bodily injury or property damage
that the child in care causes to the resource parent and that insurance does
not cover.
(2) Before reimbursement under this subsection, the Department
shall be satisfied that the actions of the resource parent did not contribute
substantially to the bodily injury or property damage sustained.
(3) Reimbursement under this subsection shall be made for all
costs to a maximum amount of $5,000. All payments in excess of $2,000 require
the approval of the Board of Public Works.
D. The Department shall advise the resource parent of this
coverage and that it will not cover claims related to:
(1) Injury or damage to which the resource parent substantially
contributed;
(2) Injury or damage covered by the resource parent’s insurance;
(3) Claims of alienation of affection;
(4) Accidents involving vehicles that are licensed or intended
for road use;
(5) Claims exceeding $5,000.00; and
(6) Injury or damage that was otherwise covered by insurance.
.20 Appeal Procedure.
A. Appeal rights. A resource parent aggrieved by a local
department's decision to deny, suspend, or revoke a license may appeal under
COMAR 07.01.04.
B. Exclusive jurisdiction of courts. A resource parent may not
use these procedures to appeal a court’s decision or a decision only a court
can make.
C. Expedited Appeal. A resource parent who intends to adopt a
child in care whom the local department placed in the resource home may appeal
a local department’s decision to remove the child in care by advising the local
department within 30 days of the removal.
(1) The local department shall notify the Office of
Administrative Hearings of the appeal.
(2) The Office of Administrative Hearings shall hold a hearing
and issue a decision within 45 days of receiving the request.
D. Additional hearing rights under COMAR 07.02.26. If a local
department removes a child from a resource home because of a child protective
services finding, the local department shall advise the resource parents of the
rights of the alleged maltreater to request a hearing under COMAR 07.02.26 to
challenge that finding.
RAFAEL LOPEZ
Secretary of Human
Services
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 13 BOARD FOR PROFESSIONAL
LAND SURVEYORS
09.13.07 Educational
Equivalency Requirements
Authority: Business Occupations and Professions Article, §§15-208
and
15-305, Annotated Code of Maryland
Notice of Proposed Action
[24-118-P]
The Board for Professional Land Surveyors proposes to amend Regulations
.02 and .04 under COMAR Educational Equivalency Requirements.
This action was considered by the Board at its regular, monthly meeting on
August 7, 2024.
Statement of Purpose
The purpose of this action is to specify the work experience, or
combination of work experience and education, the Board will accept from
applicants who seek eligibility to sit for the examination for licensure as a
professional land surveyor, and to also correct a reference to the incorrect
chapter of the Board's regulations.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Zevi Thomas, Executive Director, Board for
Professional Land Surveyors, Maryland Department of Labor, 1100 N. Eutaw St.,
5th Floor, Baltimore, MD 21201, or call 410-230-6262, or email to
zevi.thomas@maryland.gov. Comments will be accepted through October 21, 2024. A
public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Board for
Professional Land Surveyors during a public meeting to be held on December 4,
2024, at 11 a.m., at 1100 N. Eutaw Street, Baltimore, MD 21201, via Google
Meet: http://meet.google.com/tth-pvdx-sbf or via telephone: 352-608-0121 (PIN: 767 512 793).
.02 Guidelines for Acceptable Work Experience.
A. — C. (text unchanged).
D. An applicant for the principles and practice examination
under Business Occupation and Professions Article, §15-305, Annotated Code of
Maryland shall have 18 months of work experience generally described in
Business Occupations and Professions Article, §15-101(k)(2)(vi), Annotated Code
of Maryland, and commonly known as “minor engineering experience.”
E. An applicant may be able to meet an 18-month experiential
requirement set forth in this regulation by the following methods:
(1) Acceptable work experience;
(2) Acceptable education; or
(3) A combination of acceptable work experience and acceptable
education.
.04 Determination of Value.
A. An applicant shall furnish, at the time of filing the
appropriate examination application, evidence of having completed, to the
Board's satisfaction, the eligible course or courses, as described in
Regulation [.04] .03
of this chapter.
B. (text unchanged)
T.J. FRAZIER
Chair
Board for Professional Land Surveyors
Subtitle 19 COMMISSION OF REAL ESTATE
APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — REAL ESTATE
APPRAISERS
09.19.08 Temporary Permits and
Reciprocity
Authority: Business Occupations and Professions Article,
§§16-216(2),
16-220, 16-305, and 16-507, Annotated Code of Maryland
Notice of Proposed Action
[24-100-P]
The Maryland Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors proposes to amend Regulation .02
under COMAR 09.19.08 Temporary Permits and Reciprocity. This action was
considered at a public meeting held on August 13, 2024, notice of which was
posted to the Commission website pursuant to the Commission of Real Estate
Appraisers, Appraisal Management Companies, and Home Inspectors (Commission),
notice of which was provided by posting on the Commission's website, pursuant
to General Provisions Article, §3-302(c)(3)(ii), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to remove obsolete and incorrect
language pertaining the criteria for reciprocal licensing of real estate
appraisers.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Todd Blackistone,
Executive Director, Maryland Department of Labor, 1100 North Eutaw Street,
Fifth Floor, Baltimore, MD 21201, or call 410-230-6165, or email to
todd.blackistone@maryland.gov. Comments will be accepted through October 21,
2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Commission of Real Estate Appraisers, Appraisal Management Companies, and Home
Inspectors during a public meeting to be held on December 10, 2024, at 10:30
a.m., at the Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor
Conference Room, Baltimore, MD 21201.
.02 Reciprocal Licenses and Certificates.
The Commission may waive the examination requirement and issue a
reciprocal license or certificate to an individual, if the individual:
A. (text unchanged)
[B. Became licensed or certified in the other state after
meeting, in that state, licensing or certification requirements which are
substantially equivalent to or exceed the Maryland requirements for an
equivalent license or certificate;]
[C.] B.—[E.] D. (text
unchanged)
R. SEAN TROXELL
Chairman
Commission of Real Estate Appraisers, Appraisal Management
Companies, and Home Inspectors
Subtitle 36 COMMISSION OF REAL ESTATE
APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — HOME
INSPECTORS
Notice of Proposed Action
[24-101-P]
The Maryland Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors proposes to amend:
(1) Regulation .01 under COMAR 09.36.06 Code of Ethics; and
(2) Regulation .02 under COMAR 09.36.08 Continuing Professional
Competency.
This action was considered at a public meeting held on August 13,
2024, notice of which was provided by posting on the Commission's website,
pursuant to General Provisions Article, §3-302(c)(3)(ii), Annotated Code of
Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Establish certain requirements concerning a licensed home
inspector's responsibilities to the public under the Home Inspector Code of
Ethics; and
(2) Clarify and establish requirements for home inspector
continuing professional competency education required for license renewal.
In addition, at this time, the Maryland Commission of Real Estate
Appraisers, Appraisal Management Companies, and Home Inspectors is withdrawing
the amendments to Regulation .02 under COMAR 09.36.08 Continuing
Professional Competency that were proposed in 50:25 Md. R. 1093 (December
15, 2023).
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Todd Blackistone,
Executive Director, Maryland Department of Labor, Maryland Department of Labor,
1100 North Eutaw Street, Fifth Floor Conference Room, Baltimore, MD 21201, or
call 410-230-6165, or email to todd.blackistone@maryland.gov. Comments will be
accepted through October 21, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by Maryland
Commission of Real Estate Appraisers, Appraisal Management Companies, and Home
Inspectors during a public meeting to be held on December 10, 2024, at 10:30
a.m., at Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor
Conference Room, Baltimore, MD 21201.
09.36.06 Code of Ethics
Authority: Business
Occupations and Professions Article, §§16-208(a)(2),
16-216(2), and 16-3A-07(e), Annotated Code of Maryland
.01
Responsibilities to the Public.
A home inspector shall:
A.—D. (text unchanged)
E. Promptly inform a client of any business association,
interest, or circumstance that may influence the home inspector's judgment or
the quality of the home inspector's inspection service to the client; [and]
F. Make every effort to uphold,
maintain, and improve the professional practice, integrity, and reputation of
the home inspection industry[.]; and
G. Obey all federal and state laws, regulations, and local
ordinances.
09.36.08
Continuing Professional Competency
Authority: Business
Occupations and Professions Article, §§16-216(2), and 16-3A-07(e), Annotated
Code of Maryland
.02 Basic Requirement.
A.
(text unchanged)
B.
Effective October 1, 2024, in accordance with §A of this regulation, a licensed
home inspector applying for license renewal shall successfully complete during
the preceding 2-year license cycle a minimum of:
(1)
2 hours of education related to home inspection report writing in accordance
with Regulation .03F(1) of this chapter; and
(2)
2 hours of education related to the minimum standards of practice in accordance
with COMAR 09.36.07 and Regulation .03F(3) of this chapter.
[B.] C.
Acquisition of Continuing Professional Competency.
(1)—(3) (text unchanged)
(4) Not more than 8
hours of continuing professional competency education required by §A of this
regulation in a particular subject matter area set forth in Regulation .03F of
this chapter may be credited toward an applicant’s eligibility for license renewal.
[C.] D. (text
unchanged)
R. SEAN TROXELL
Chairman
Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home
Inspectors
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 11 AIR QUALITY
26.11.43 Advanced Clean Trucks
Program
Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301,
2-1102,
2-1103, and 2-1103.1, Annotated Code of Maryland
Notice of Proposed Action
[24-095-P]
The Secretary of the Environment proposes to amend Regulation .04
under COMAR 26.11.43 Advanced Clean Truck Program.
Statement of Purpose
The purpose of this action is to extend the lead-time
manufacturers are eligible to earn credits under this program by an additional
year. The amendment appears in Regulation .04 titled Applicability and
Exemptions under COMAR 26.11.43 Advanced Clean Trucks Program.
The Advanced Clean Trucks Program will be submitted to the U.S.
Environmental Protection Agency (EPA) for approval as part of Maryland's State
Implementation Plan (SIP).
Background
The Clean Air Act established the framework for controlling
harmful emissions from mobile sources. At the time, California had already
established its own emission standards for mobile sources, and so was granted
the sole authority to continue adopting vehicle emission standards, so long as
they were at least as protective as the standards set by EPA.
The harmful emissions from Medium and Heavy-Duty Trucks (MHD) pose
a serious threat to both public health and climate change. Recognizing this,
California has adopted the Advanced Clean Trucks regulation that aims to reduce
on-road emissions from the MHD Truck sector to a greater extent than the
current EPA standards.
Section 177 of the Clean Air Act allows other states to adopt the
California standards if they are identical. The Clean Trucks Act of 2023
requires the Maryland Department of the Environment (MDE) to exercise this
authority and adopt regulations implementing the California Advanced Clean
Truck Program in Maryland. MDE has adopted implementing regulations in COMAR
26.11.43 through incorporation by reference of the applicable California
regulations.
The Clean Trucks Act of 2023 authorized MDE to adopt California’s
Advanced Clean Trucks Regulations beginning with the 2027 model year. When
COMAR 26.11.43 was adopted in 2023, MDE included a provision allowing
manufacturers of vehicles over 8,500 pounds to earn, bank, and trade credits
earned pursuant to the program one year before the program went into effect.
MDE received numerous comments expressing a desire to increase this timeframe
to two years, to better match what California and other ACT states have done.
MDE is proposing to increase the lead-time for earning credits under the
program by an additional year, meaning vehicle manufacturers can begin earning
credits with the 2025 model year.
Sources Affected and
Location
This regulatory program will apply to manufacturers that sell
vehicles in Maryland that have a gross vehicle weight rating over 8,500 pounds.
Requirements
There are no specific requirements associated with this proposed
amendment. In essence, manufacturers will have an additional year to earn and
bank credits before the program begins, easing their burden under the program.
Projected Emission
Reductions
There are no projected emission reductions associated with this
proposed amendment. Adding an additional year for manufacturers to earn credits
before the program begins will not reduce the number of credits needed once the
program begins. If anything, this provides an incentive to manufacturers to
place these vehicles in Maryland a year earlier than they would have otherwise,
since they will now earn credits they can use to meet the program’s
requirements beginning in model year 2027.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Tim Shepherd, Division Chief, Mobile
Sources Control Program, Air and Radiation Administration, 1800 Washington
Boulevard, Suite 705, Baltimore, MD 21230-1720, or call 410-537-3270, or fax
410-537-4435, or email to mde.mobilecomments@maryland.gov. Comments will be
accepted through October 23, 2024. The Maryland Department of the Environment
will hold a virtual public hearing on the proposed action on October 23, 2024,
at 10 a.m.
Join from your computer, tablet, or smartphone at
https://meet.goto.com/920902101.
Or dial in using your phone:
United States (Toll Free): 1-866-899-4679
Access Code: 920-902-101
Interested persons are invited to attend and express their views.
Comments must be received by 5 p.m. on October 23, 2024, or submitted at the
hearing. For more information contact Mr. Tim Shepherd, Division Chief, Mobile
Sources Control Program, at 410-537-3270. Comments can be submitted to
mde.mobilecomments@maryland.gov or sent to Mobile Sources Control Program,
Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705,
Baltimore, MD 21230-1720; telephone 410-537-3270; fax 410-537-4435.
This public hearing announcement, proposed action, and supporting
documents are available for review on the Maryland Department of the
Environment’s website at
https://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx.
Persons needing special accommodations at the public hearing
should contact the Department's Fair Practices Office at 410-537-3964. TTY
users may contact the Department through the Maryland Relay Service at
1-800-735-2258.
.04 Applicability and Exemptions.
A. Applicability.
(1) (text unchanged)
(2) Beginning with model year [2026] 2025, any
manufacturer that produces on-road vehicles over 8,500 pounds GVWR may
generate, bank, and trade ZEV and NZEV credits pursuant to 13 CCR §1963.2, as
incorporated by reference in this chapter.
(3) (text unchanged)
B. (text unchanged)
SERENA McILWAIN
Secretary of the
Environment
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN
COMMISSION
Projects Approved
for Consumptive Uses of Water
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice
lists Approvals by Rule for projects by the Susquehanna River Basin Commission
during the period set forth in DATES.
DATES: August 1 - 31,
2024.
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: 717- 238-0423, ext. 1312; fax: 717- 238-2436;
e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the
above address.
SUPPLEMENTARY INFORMATION:
This notice lists the projects, described below, receiving approval for
the consumptive use of water pursuant to the Commission’s approval by rule
process set forth in 18 CFR §806.22 (f) for the time period specified above.
Water Source Approval - Issued Under 18 CFR 806.22(f ):
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID:
Deer Park; ABR-201907003.R1; Windham Township, Wyoming County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: August 8,
2024.
RENEWAL - Coterra Energy Inc.; Pad ID: CraneJ
P1; ABR-201907002.R1; Lathrop Township, Susquehanna County, Pa.; Consumptive
Use of Up to 5.0000 mgd; Approval Date: August 8,
2024.
RENEWAL - Blackhill Energy LLC; Pad ID: Gerbino #1; ABR-20090710.R3;
Ridgebury Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 17, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: White SUS; ABR-201407008.R2; Auburn
Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 17, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: COP Tract 653 Pad A; ABR-20090405.R3; Beech Creek Township,
Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd;
Approval Date: August 17, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: COP Tract 653 Pad B; ABR-20090414.R3; Beech Creek Township,
Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd;
Approval Date: August 17, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Kent; ABR-20090726.R3; Towanda Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: August 19, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: McDonough; ABR-201407009.R2; Meshoppen
Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 19, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: SGL-12 A Drilling Pad; ABR-201407007.R2;
Overton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 19, 2024.
Pennsylvania
General Energy Company, L.L.C.; Pad ID: COP Tract 726 Pad A; ABR-202408001; Plunketts Creek Township, Lycoming County, Pa.; Consumptive
Use of Up to 4.0000 mgd; Approval Date: August 25,
2024.
RENEWAL - Blackhill Energy LLC; Pad ID: Warren #1; ABR-20090711.R3;
Ridgebury Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 25, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: Larrys Creek F&G Pad A; ABR-20090411.R3; Cummings
Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 25, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: Larrys Creek F&G Pad B; ABR-20090416.R3; Cummings
Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 25, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: PHC 7H; ABR-20090722.1.R3; Lawrence
Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 25, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Hershberger; ABR-20090739.R3; Terry
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 26, 2024.
RENEWAL -
Inflection Energy (PA) LLC; Pad ID: Hamilton Well Site; ABR-201403010.R2; Upper
Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 26, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: J. Pino Pad G; ABR-20090717.R3;
Covington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 29, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: PHC 8H; ABR-20090723.1.R3; Lawrence
Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 29, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Claudia; ABR-20090807.R3; Terry
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 30, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Eileen; ABR-20090806.R3; Smithfield
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 30, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Fitzsimmons; ABR-20090809.R3; Albany
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 30, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Hunter; ABR-201408001.R2; Meshoppen
Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 30, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: CRV Pad C09-G; ABR-201408002.R2; Shippen
Township, Cameron County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 30, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: T. Wivell Horizontal Pad;
ABR-20090814.R3; Covington Township, Tioga County, Pa.; Consumptive Use of Up
to 4.0000 mgd; Approval Date: August 30, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: September 6, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-19-21]
SUSQUEHANNA RIVER BASIN COMMISSION
Grandfathering
Registration Notice
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists Grandfathering Registration for
projects by the Susquehanna River Basin Commission during the period set forth
in DATES.
DATES: August 1-31, 2024.
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone:
717-238-0423, ext. 1312; fax: 717-238-2436; e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to the
above address.
SUPPLEMENTARY INFORMATION:
This notice lists GF Registration for projects, described below,
pursuant to 18 CFR Part 806, Subpart E, for the time period specified above:
Ahlstrom Filtration LLC, GF Certificate No. GF-202408279,
Mount Holly Springs Borough, Cumberland County, Pa.; consumptive use; Issue
Date: August 27, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: September 6,
2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-19-22]
SUSQUEHANNA RIVER BASIN COMMISSION
Minor Modification
Notice
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice
lists the minor modifications approved for previously approved projects by the
Susquehanna River Basin Commission during the period set forth in DATES.
DATES: August 1- 31,
2024
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: 717 - 238-0423, ext. 1312; fax 717 - 238-2436;
e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to the
above address.
SUPPLEMENTARY INFORMATION:
This notice lists previously approved projects, receiving approval of
minor modification, described below, pursuant to 18 CFR § 806.18 or to
Commission Resolution Nos. 2013-11 and 2015-06, for the time period specified
above.
Department of
the Army – Carlisle Barracks Golf Course, Docket No. 20240622, North Middleton
and Middlesex Townships, Cumberland County, Pa.; modification approval to
adjust the approval term to align with another docket approval by the
Commission; Approval Date: August 6,
2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: September 6,
2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-19-24]
WATER AND SCIENCE
ADMINISTRATION
Water Quality
Certification 24-WQC-0038
Eastern Shore Natural Gas Company
500 Energy Lane, Suite 200
Dover, Delaware 19901
Add’l. Info:
Pursuant to COMAR 26.08.02.10, The Maryland Department of the Environment is
providing notice of a scheduled Public Hearing for Water Quality Certification
24-WQC-0038.
Location: 6.1 miles along Sussex Highway (US-13),
Connelly Mill Rd, and the Norfolk Southern Railroad in the Salisbury area of
Wicomico County, Maryland.
Eastern Shore Natural Gas Company has requested a Water
Quality Certification (WQC) for proposed construction of approximately 6.1
miles of 10-inch pipeline in the Salisbury area of Wicomico County, Maryland.
This project, the Worcester Resiliency Upgrade - Salisbury Loop, will use
Horizontal Directional Drilling (HDD) to install the proposed natural gas
pipeline. The project will use HDD to cross Leonard Pond Run, Peggy Branch,
Brewington Branch, and adjacent nontidal wetlands. These tributaries drain towards
the Wicomico River watershed, a Use I waterway.
The purpose of this notice is to solicit comments from the
public about the proposed work and to announce the date of a Maryland
Department of the Environment public informational hearing on the subject
application. At this time, no decision has been made as to whether a
certification will be issued.
A virtual public informational hearing has been scheduled
for the referenced project on Thursday, November 7, 2024.
The hearing will begin at 7:00 P.M. and end no later than
9:00 P.M.
To participate in the public informational hearing, please
use the following link:
https://meet.google.com/sau-itpg-rhe or dial (US) +1
513-816-0705 PIN: 742 467 284#.
Written comments will be accepted until November 21, 2024.
All project information and updates will be available on the following page: https://mde.maryland.gov/programs/water/WetlandsandWaterways/Pages/Salisbury-Loop-WQC.aspx
Contact: Alex Vazquez at alex.vazquez@maryland.gov
or 410-537-3541.
[24-19-25]
WATER AND SCIENCE ADMINISTRATION
Advance Notice of
Proposed Rulemaking — 2025 Triennial Review
2025 Triennial Review of Water Quality Standards
The Maryland Department of the Environment is providing
notice of an advance notice of proposed rulemaking (ANPRM) regarding water
quality standards. The Clean Water Act (CWA) requires that States review their
water quality standards every three years (Triennial Review) and revise the
standards as necessary. A water quality standard consists of three components:
1. Designated Uses that set
goals for a water body. Examples include the support of aquatic life, drinking
water supply or the support of a coldwater fishery,
such as trout.
2. Criteria that support
the designated uses. There are numerous criteria for chemical substances,
bacteria, acidity and physical characteristics (e.g., temperature). Examples
include dissolved oxygen sufficient to support aquatic life or metals in
sufficiently low concentrations that they will not interfere with aquatic life.
3. Antidegradation policy.
Maryland has a policy in place for Tier I, Tier II, and Tier III classified
waters. The Department updates the list of high quality waters each triennium
as needed.
The Maryland water quality standards are found in the Code
of Maryland regulations (COMAR) at 26.08.01 — 26.08.02. Maryland regulations
may be accessed online at the Division of State Documents web site:
www.dsd.state.md.us. Click on COMAR Online and enter the appropriate regulatory
reference.
Prior to initiating any formal rule-making process, the
Maryland Department of the Environment (MDE) is providing stakeholders an
opportunity to provide input on the State’s water quality standards MDE will be
considering for amendment and addition. With this announcement, the Water and
Science Administration (WSA) at MDE is soliciting public input on its current
review of the Water Quality Standards. Topics currently being reviewed by WSA
are presented below. WSA invites stakeholder comments and suggestions on the
proposed changes and will consider them if the necessary data are available to
make the appropriate determination(s). A subsequent promulgation of new water
quality standards may include topics not included in this proposal.
Comments on the following topics planned to be addressed
during this Triennial Review period should be submitted to Melinda Cutler via
email at melinda.cutler@maryland.gov or by mail to Ms. Melinda Cutler, Water
and Science Administration, Maryland Department of the Environment, 1800
Washington Blvd, Baltimore MD 21230.
SCHEDULE
Depending on the comments received in response to this
notice, MDE plans to formally propose new and/or revised regulations by Spring
of 2025, and submit a final notice on these regulations by summer of 2025.
PROPOSED WATER QUALITY STANDARDS AMENDMENTS
DESIGNATED USES
MDE has gathered and analyzed data showing that certain
surface waters support both cold water obligate species and the Use Class III
temperature criterion (68°F). MDE is considering updating the Use Class of
these surface waters to protect the cold water species they support.
Additionally, MDE is evaluating portions of the North Branch Potomac River
mainstem, located in Alleghany County, for a Use Class IV-P designation.
Waters under consideration:
|
Waterbody Name
|
County
|
Coordinates
|
Designation
under Consideration
|
|
Unnamed tributary to
Jacks Hole
|
Harford
|
Headwaters to
39.6864751, -76.3748481
|
Class III-P
|
|
Unnamed tributary to
Michaels Run
|
Harford
|
Headwaters to
39.713601, -76.264204
|
Class III-P
|
|
Unnamed tributary to
Broad Creek
|
Harford
|
Headwaters to
39.6813615,
-76.3618549
|
Class III-P
|
|
North Branch Potomac
River (Allegany)
|
Allegany
|
39.4801835, -79.0668370
to 39.4785295, -78.9422151
|
Class III-P and Class
IV-P
|
|
North Branch Potomac
River (Garrett)
|
Garrett
|
39.2058829, -79.4866701
to 39.2024041, -79.4726861
|
Class III-P
|
The proposed existing use rationale documents for the Use
Class redesignations are posted to MDE’s Existing Use webpage. https://mde.maryland.gov/programs/water/TMDL/WaterQualityStandards/Pages/Existing-Use-Determinations.aspx
The proposed existing use rationale documents, including
those involving the Use Class redesignations listed here, are undergoing an
additional separate public review process prior to the 2025 Triennial Review
(public comment period September 6, 2024 - October 7, 2024). Please see the
notice in the September 6th edition of the Maryland Register for more details.
WATER QUALITY CRITERIA
Updated Ambient Water Quality Criteria for the Protection
of Human Health
The United States Environmental Protection Agency (US EPA)
published final updated ambient water quality criteria for the protection of
human health for 94 chemical pollutants in June of 2015. These updated
recommendations reflect the latest scientific information and US EPA policies,
including updated body weight, drinking water consumption rate, fish
consumption rate, bioaccumulation factors, health toxicity values, and relative
source contributions. MDE promulgated updated criteria for 69 out of the 94 chemical
pollutant criteria in concert with the 2019 Triennial Review. MDE is now
considering the remaining updated national criteria (25 in total) for adoption
into state water quality standards.
New Recreational Ambient Water Quality Criteria for
Microcystin and Cylindrospermopsin
The USEPA published national recommended recreational
ambient water quality criteria for the cyanotoxins microcystin and cylindrospermopsin in May of 2019. These 304(a) criteria
recommendations are based on the latest scientific information. MDE is considering these recommended national
criteria for adoption into state regulations.
ANTIDEGRADATION
Modifications to List of Tier II Waters (COMAR
26.08.02.04-2 N)
Based on recently collected and analysis of historical
Maryland Biological Stream Survey data, six (6) Maryland streams have been
identified as high quality and will be proposed in Maryland regulations as Tier
II High Quality waters. The names and locations of these streams are provided
in the table below.
|
Stream Name
|
County
|
Coordinates
|
Baseline FIBI
|
Baseline BIBI
|
|
Saint Mary’s River UT 4
|
Saint Mary’s
|
38.214823, -76.430646
to 38.212223, -76.45076
|
4.00
|
4.00
|
|
Persimmon Creek 1
|
Saint Mary’s
|
38.421512, -76.713051
to 38.440755, -76.696983
|
4.07
|
4.13
|
|
Midway Branch 1
|
Anne Arundel
|
39.075195, -76.728378
to 39.059119, -76.731594
|
4.14
|
4.00
|
|
Loretta
Branch 1
|
Somerset
|
38.223436, -75.672699
to 38.207113, -75.693784
|
4.43
|
4.67
|
|
South Prong Lostland Run 1
|
Garrett
|
39.381469, -79.276926
to 39.371498, -79.254668
|
4.25
|
4.00
|
|
Mattawoman
Creek 3
|
Charles
|
38.600005, -77.051782
to 38.596301, -77.055239
|
4.71
|
4.33
|
[24-19-26]
DEPARTMENT OF NATURAL RESOURCES
FISHING AND BOATING SERVICES
Public Notice of Commercial
Striped Bass Common Pool Hook and Line Fishery Modifications — Effective
7/2/2024
WHAT THIS NOTICE DOES
The Secretary of the
Maryland Department of Natural Resources announces modifications to the
commercial striped bass common pool hook and line fishery. Effective 12:01 a.m.
Tuesday, July 2, 2024:
● The season is open July 2, 2024, through July
3, 2024.
● The catch limit is 250 lbs/permittee/week
and 500 lbs/vessel/day.
● The catch times remain one hour before sunrise
through one hour before sunset.
WHY THIS IS NECESSARY
This action is
necessary to implement the Atlantic States Marine Fisheries Commission’s
Interstate Fishery Management Plan for Atlantic Striped Bass.
WHOM THIS NOTICE AFFECTS
This applies to all
individuals who are permitted to participate in the commercial striped bass
common pool hook and line fishery in the Chesapeake Bay.
AUTHORITY
Code of Maryland
Regulations 08.02.15.12
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating
Services 410-260-8293
JOSH KURTZ
Secretary of Natural Resources
[24-19-15]
FISHING AND BOATING SERVICES
Public Notice of
2024 Recreational Black Sea Bass Fishery — Effective 7/15/2024
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources announces the recreational season, catch limit, and minimum size for
black sea bass. This notice supersedes all notices effective prior to July 15,
2024, affecting the 2024 recreational black sea bass fishery.
·
The season is open May 15, 2024, through
September 30, 2024, and then reopens October 10, 2024, through December 31,
2024. It is closed all other dates.
·
Anglers may keep up to 15 black sea bass
per person per day.
·
The minimum size is 13 inches, excluding
the tail filament.
WHY THIS IS NECESSARY
This action is necessary to implement the Atlantic States
Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan.
WHOM THIS NOTICE AFFECTS
This applies to all individuals who catch black sea bass
recreationally.
EFFECTIVE DATE
This notice is effective at 12:01 a.m. July 15, 2024.
AUTHORITY
Code of Maryland Regulations 08.02.05.21
JOSH KURTZ
Secretary of Natural Resources
[24-19-09]
FISHING AND BOATING SERVICES
Public Notice of
Commercial Mature Female Hard Crab Catch Limits — July through December 2024
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources, in consultation with the Blue Crab Industry Advisory Committee,
announces the commercial mature female hard crab catch limits for the
Chesapeake Bay and its tidal tributaries for July through December 2024.
Effective 12:01 a.m. July 1, 2024, the catch limits are:
|
Daily Commercial
Catch Limits for Mature Female Hard Crabs by License Type
|
|
Dates
|
Container
|
LCC
|
TFL or
CB3
|
TFL with CB6 or
CB3 with CB6
|
TFL with CB9 or
CB3 with CB9
|
|
Jul 1 - Aug 31, 2024
|
Bushel
|
2
|
10
|
14
|
18
|
|
Lug
|
1
|
6
|
9
|
12
|
|
Barrel
|
*N/A
|
4
|
5
|
7
|
|
Sep 1 - Oct 31, 2024
|
Bushel
|
5
|
19
|
29
|
34
|
|
Lug
|
3
|
12
|
19
|
22
|
|
Barrel
|
2
|
7
|
11
|
13
|
|
Nov 1 - 30, 2024
|
Bushel
|
2
|
5
|
10
|
15
|
|
Lug
|
1
|
3
|
6
|
10
|
|
Barrel
|
*N/A
|
2
|
4
|
6
|
|
Dec 1 - 15, 2024
|
No Female Hard Crab Harvest Allowed
|
|
*Due to a barrel holding 2.5 bushels of crabs, this
container is not allowed for use by LCC’s whose limit is less than that
amount.
License Acronyms
LCC – Limited Crab Harvester License (up to 50 pots)
TFL – Unlimited
Tidal Fish License
CB3 – 300 Pot
Crab Harvester License
CB6 – 600 Pot
Crab Harvester License
CB9 – 900 Pot
Crab Harvester License
Container Definitions
Bushel, circular – A circular container with inside
dimensions not exceeding 12” height, 18” top diameter, 13-½” bottom diameter
Bushel, rectangular – A rectangular container with inside
dimensions not exceeding 11” height, 19-½” length, 12-½” width
Lug – A rectangular container with inside dimensions not
exceeding 12-⅜” height, 22-⅞”
top length, 14-⅞” top width, 21” bottom length, 13”
bottom width
Barrel – A circular container with inside dimensions not
exceeding 27-½” height, 20-½” top diameter, 18” bottom diameter
|
Daily catch limits for mature female hard crabs are based on
the Blue Crab Winter Dredge Survey results, conducted by the Maryland
Department of Natural Resources and the Virginia Institute of Marine Science,
and in consultation with the Blue Crab Industry Advisory Committee.
All catch of mature female hard crabs on board a vessel must
be kept in the same type of container, although crabs of different sexes may be
kept in different types of containers. For example, a harvester may have all
females in lugs and all males in bushels, but could not have males or females
in both bushels and lugs. Commercial crabbers using lugs or barrels should
report harvest in pounds when completing Commercial Harvest Reports.
Crew limits are in effect as described in the Annotated Code
of Maryland, Natural Resources Article, §4-814. If crew members are not on
board, the licensee is restricted to the TFL or CB3 catch limits.
WHERE THIS NOTICE APPLIES
This applies to the Chesapeake Bay and its tidal
tributaries, including the Maryland tributaries of the Potomac River.
WHY THIS IS NECESSARY
This action is necessary to ensure that female blue crab
harvest does not exceed the Chesapeake Bay exploitation fraction threshold
established in Amendment 2 to the Chesapeake Bay Blue Crab Fishery Management
Plan.
WHOM THIS NOTICE AFFECTS
This applies to commercial crabbers who harvest female blue
crabs in the Chesapeake Bay and its tidal tributaries.
AUTHORITY
Code of Maryland Regulations 08.02.03.14G
JOSH KURTZ
Secretary of Natural Resources
[24-19-12]
FISHING AND BOATING SERVICES
Public Notice of Commercial
Male Hard Crab Catch Limits — July through December 2024
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources, in consultation with the Blue Crab Industry Advisory Committee,
announces the commercial male hard crab catch limits for the Chesapeake Bay and
its tidal tributaries for July through December 2024. Male hard crab catch
limits include catch of all male market categories combined (e.g., number ones,
number twos, mixed/culls). Effective 12:01 a.m. July 1, 2024, the catch limits
are:
|
Daily Commercial
Catch Limits for Male Hard Crabs by License Type
|
|
Dates
|
Container
|
LCC
|
TFL or
CB3
|
TFL with CB6 or
CB3 with CB6
|
TFL with CB9 or
CB3 with CB9
|
|
Jul 1 - 31, 2024
|
No Male Hard Crab Catch Limits
|
|
Aug 1 - 29, 2024
|
Bushel
|
4
|
8
|
12
|
15
|
|
Lug
|
2
|
5
|
8
|
10
|
|
Aug 30 - Sep 2, 2024
|
No Male Hard Crab
Catch Limits
|
|
Sep 3 - 30, 2024
|
Bushel
|
4
|
8
|
12
|
15
|
|
Lug
|
2
|
5
|
8
|
10
|
|
Oct 1 - Nov 30, 2024
|
No Male Hard Crab Catch Limits
|
|
Dec 1 - 15, 2024
|
No Male Hard Crab Harvest Allowed
|
|
License Acronyms
LCC – Limited
Crab Harvester License (up to 50 pots)
TFL – Unlimited
Tidal Fish License
CB3 – 300 Pot
Crab Harvester License
CB6 – 600 Pot
Crab Harvester License
CB9 – 900 Pot
Crab Harvester License
Container Definitions
Bushel, circular – A circular container with inside
dimensions not exceeding 12” height, 18” top diameter, 13-½” bottom diameter
Bushel, rectangular – A rectangular container with inside
dimensions not exceeding 11” height, 19-½” length, 12-½” width
Lug – A rectangular container with inside dimensions not
exceeding 12-⅜” height, 22-⅞”
top length, 14-⅞” top width, 21” bottom length, 13”
bottom width
|
Daily catch limits for male hard crabs are based on the Blue
Crab Winter Dredge Survey results, conducted by the Maryland Department of
Natural Resources and the Virginia Institute of Marine Science, and in
consultation with the Blue Crab Industry Advisory Committee.
All catch of male hard crabs on board a vessel must be kept
in the same type of container, although crabs of different sexes may be kept in
different types of containers. For example, a harvester may have all males in
bushels and all females in lugs but could not have males or females in both
bushels and lugs. Commercial crabbers using lugs should report harvest in
pounds when completing Commercial Harvest Reports.
Crew limits are in effect as described in the Annotated Code
of Maryland, Natural Resources Article, §4-814. If crew members are not on
board, the licensee is restricted to the TFL or CB3 catch limits.
WHERE THIS NOTICE APPLIES
This applies to the Chesapeake Bay and its tidal
tributaries, including the Maryland tributaries of the Potomac River.
WHY THIS IS NECESSARY
This action is necessary to ensure that male blue crab
harvest does not exceed the Chesapeake Bay male conservation trigger referenced
in Amendment 2 to the Chesapeake Bay Blue Crab Fishery Management Plan.
WHOM THIS NOTICE AFFECTS
This applies to commercial crabbers who harvest male blue
crabs in the Chesapeake Bay and its tidal tributaries.
AUTHORITY
Code of Maryland Regulations 08.02.03.14G
JOSH KURTZ
Secretary of Natural Resources
[24-19-11]
FISHING AND BOATING SERVICES
Public Notice of 2024
Recreational Bluefish Fishery — Effective 7/14/2024
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources announces the catch limit and size limit for the 2024 recreational
bluefish fishery. This notice supersedes all notices effective prior to July
14, 2024, affecting the 2024 recreational bluefish fishery.
·
Recreational anglers fishing from shore or
private boats can keep up to 3 bluefish per person per day.
·
Recreational anglers fishing from for-hire
boats can keep up to 5 bluefish per person per day.
·
The minimum size is 8 inches.
WHY THIS IS NECESSARY
This action is necessary to implement the Atlantic States
Marine Fisheries Commission’s Interstate Fishery Management Plan for Bluefish.
The Department updated its regulations regarding the recreational bluefish
fishery, effective on June 24, 2024. Those updates took the recreational rules
out of the Code of Maryland Regulations and now require the Department to
establish these rules by public notice.
WHOM THIS NOTICE AFFECTS
This applies to all individuals who catch bluefish
recreationally.
EFFECTIVE DATE
This notice is effective at 12:01 a.m. July 14, 2024.
AUTHORITY
Code of Maryland Regulations 08.02.05.10
JOSH KURTZ
Secretary of Natural Resources
[24-19-10]
FISHING AND BOATING SERVICES
Public Notice of 2024—2025 Commercial Oyster
Rules — Effective 7/3/2024
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources establishes the rules for the commercial oyster seasons, days of the
week that an individual may catch oysters and catch limits. Effective at 12:01
a.m. July 3, 2024:
·
Seasons
o
The commercial oyster season is open from
October 1, 2024 through and including March 31, 2025 for the following gears:
§ Shaft
(Hand) Tong
§ Patent
Tong
§ Dive
o
The commercial oyster season is open from
November 1, 2024 through and including March 31, 2025 for the following gears:
§ Power
Dredge
§ Dredge
Boat (Sail Dredge)
§ Dredge
Boat (Sail Dredge) with Auxiliary Yawl Boat
o
The season is closed on all other dates.
·
Daily Catch Limits
o
A licensee may harvest up to 12 bushels
per licensee per day, not to exceed 24 bushels per boat per day, if at any time
during the day they use a shaft (hand) tong, patent tong, dive equipment, or
any combination of those gear types.
o
A licensee may harvest up to 10 bushels
per licensee per day, not to exceed 20 bushels per boat per day, if at any time
during the day they use a power dredge, regardless of what other gear is used
that day.
o
A licensee may harvest up to 100 bushels
per licensee per day, not to exceed 100 bushels per boat per day, if they use
only a dredge boat (sail dredge) or dredge boat (sail dredge) with auxiliary
yawl boat, or any combination of those gear types to harvest oysters that day.
·
Days of the Week That an Individual May
Catch Oysters
o
An individual may catch oysters for
commercial purposes only from Monday through Friday.
WHERE THESE RULES APPLY
All open oyster harvest areas. Oyster harvest areas are
submerged ground where an individual is allowed to catch oysters. “Oyster
harvest area” does not include an area leased for aquaculture, restricted by
the Maryland Department of the Environment, or designated as a submerged
aquatic vegetation protection zone, harvest reserve area, or sanctuary.
WHOM THIS NOTICE AFFECTS
Anyone who catches oysters for commercial purposes. These
rules do not apply to individuals legally harvesting oysters from an
aquaculture lease.
AUTHORITY
Code of Maryland Regulations 08.02.04.11G
JOSH KURTZ
Secretary of Natural Resources
[24-19-10]
FISHING AND BOATING SERVICES
Public Notice of
2024—2025 Recreational Oyster Rules — Effective 7/3/2024
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources establishes the rules for the recreational oyster season, days of the
week that an individual may catch oysters, catch limits, and catch times.
Effective at 12:01 a.m. July 3, 2024:
·
Season
o
The recreational oyster season is open
from October 1, 2024 through and including March 31, 2025.
o
The season is closed on all other dates.
·
Daily Catch Limit
o
The recreational catch limit is 100
oysters per person per day.
·
Days of the Week That an Individual May
Catch Oysters
o
An individual may catch oysters for
recreational purposes only from Monday through Saturday.
·
Catch Times
o
An individual may catch oysters for
recreational purposes only from sunrise to 12 p.m. (noon).
WHERE THESE RULES APPLY
All open oyster harvest areas. Oyster harvest areas are
submerged ground where an individual is allowed to catch oysters. “Oyster
harvest area” does not include an area leased for aquaculture, restricted by
the Maryland Department of the Environment, or designated as a submerged
aquatic vegetation protection zone, harvest reserve area, or sanctuary.
WHOM THIS NOTICE AFFECTS
Anyone who catches oysters for recreational purposes. These
rules do not apply to individuals legally harvesting oysters from an
aquaculture lease.
AUTHORITY
Code of Maryland Regulations 08.02.04.11G
JOSH KURTZ
Secretary of Natural Resources
[24-19-13]
FISHING AND BOATING SERVICES
Public Notice of
Recreational Hard Crab Catch and Possession Limits — July 2024 through June
2025 — REVISED
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources announces the recreational male hard crab catch and possession limits
for the Chesapeake Bay and its tidal tributaries for July 2024 through June
2025. Effective 12:01 a.m. August 30, 2024, the recreational male hard crab
catch and possession limits for individuals on a vessel are:
|
Daily
Recreational Catch and Possession Limits for Boats
|
|
Unlicensed Boat
|
With 1 unlicensed individual
|
2 dozen
|
|
With 2 or more unlicensed individuals
|
4 dozen
|
|
With 1 or more licensees and any number of unlicensed
individuals
|
1 bushel OR 6 dozen*
|
|
Licensed Boat
|
With any number of licensed or unlicensed individuals
|
1 bushel OR 6 dozen*
|
|
* The catch limit is 1 bushel of crabs if storing crabs in
a bushel basket or 6 dozen crabs if using a container other than a bushel
basket
|
Daily
catch and possession limits for male hard crabs are based on the Blue Crab
Winter Dredge Survey results conducted by the Maryland Department of Natural
Resources and the Virginia Institute of Marine Science. Possession limits for
July through December 2025 will be determined when results from the 2025 Blue
Crab Winter Dredge Survey are available. This revised notice adds the 6 dozen
crab limit when using a container other than a bushel.
WHERE THIS NOTICE APPLIES
This applies to recreational crabbing on vessels in the
Chesapeake Bay and its tidal tributaries, including the Maryland tributaries of
the Potomac River. This change does not affect recreational crabbing from shore
in the Chesapeake Bay and its tidal tributaries, nor any recreational crabbing
in the Atlantic Ocean, its coastal bays, or tributaries.
WHY THIS IS NECESSARY
This action is necessary to ensure that male blue crab
harvest does not exceed the Chesapeake Bay male conservation trigger referenced
in Amendment 2 to the Chesapeake Bay Blue Crab Fishery Management Plan.
WHOM THIS NOTICE AFFECTS
This applies to recreational crabbers who harvest male blue
crabs on vessels in the Chesapeake Bay and its tidal tributaries.
AUTHORITY
Code of Maryland Regulations 08.02.03.14G
JOSH KURTZ
Secretary of Natural Resources
[24-19-08]
DEPARTMENT OF STATE POLICE
HANDGUN ROSTER BOARD
Proposed Additions
to Handgun Roster and Notice of Right to Object or Petition
The following is a
list of handguns that the Handgun Roster Board proposes to add to the official
handgun roster. These handguns will be officially placed on the
Handgun Roster if no timely objection is received or if all timely objections
are dismissed.
Under Public
Safety Article, §5-405, Annotated Code of Maryland, and COMAR 29.03.03.13 and
.14, any person may object to the placement of any of those handguns on the
Handgun Roster. Objections must be filed within 30 days
after September 20, 2024. In addition, any person may petition
for the placement of an additional handgun on the Handgun
Roster. Forms for objections or petitions may be obtained from:
Rachel Rosenberg, Administrator, Handgun Roster
Board, 1201 Reisterstown Road, Baltimore, Maryland 21208 (Phone: 410-653-4247).
|
Make
|
Model
|
Caliber
|
Additional
Comments
|
|
PIONEER ARMS CORPORATION
|
Hellpuppy
|
7.62X39mm
|
Model addition
|
|
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.)
|
327 Defender
|
327 Fed Mag
|
Model addition
|
|
LWRC INTERNATIONAL
|
IC-A5
|
300 BLK
|
Caliber addition
|
|
TAURUS
|
TX22 Gen 2 T.O.R.O.
|
22 LR
|
Model addition
|
|
F. TANFOGLIO (ITALIAN FIREARMS GROUP)
|
DEFIANT FORCE 22L
|
22 LR
|
Model addition
|
|
CBC (HERITAGE MFG.)
|
92 Ranch Hand
|
357 Mag/38 Spl, 44 Mag
|
Model addition
|
|
FABRYKA BRONI "LUCZNIK" - RADOM (ARMS OF AMERICA
LLC)
|
VIS-100 M1 PISTOL
|
9 mm
|
Model addition
|
|
ARMALITE
|
AR-19 Pistol
|
9 mm
|
Model addition
|
|
KIMBER
|
STAINLESS RAPTOR II
|
10 mm, 9 mm
|
Caliber addition
|
|
CZ (C.A.I.)
|
CZ 75 BD POLICE
|
9 mm
|
Model addition
|
|
TAURUS
|
22TUC
|
22 LR
|
|
|
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.)
|
DEPUTY
|
45 Colt, 357 MAG/38 SPL
|
|
|
LWRC INTERNATIONAL
|
IC-9 Pistol
|
9 mm
|
|
|
TISAS
|
PX-5.7
|
5.7X28 mm
|
Model addition
|
|
Inglis Manufacturing
|
P-35
|
9 mm
|
Model addition
|
|
CHARLES DALY
|
1911 Empire Grade
|
45 ACP
|
Model addition
|
|
CHARLES DALY
|
1911 Superior Grade
|
45 ACP
|
Model addition
|
|
BUL TRANSMARK, LTD (MAGNUM RESEARCH)
|
MR1911GSS
|
45 ACP
|
Model addition
|
|
WALTHER [Interarms]
|
PPK
|
380 ACP
|
Model addition
|
|
GLOCK [Shark Coast Customs]
|
42
|
380 ACP
|
Model addition
|
|
COLT/COLTS MFG. CO., INC.
|
1911 CCU Government
|
45 ACP
|
Model addition
|
|
SOVIET ARMS
|
Krink Pistol
|
5.56 NATO
|
Model addition
|
|
TISAS (SDS IMPORTS)
|
1911 Duty B9R
|
9 mm
|
Model addition
|
|
BERETTA USA
|
PX4 Storm Compact Carry 2
|
9 mm
|
Model addition
|
|
OLD WEST FIREARMS
|
SBG
|
9 mm
|
|
|
OLD WEST FIREARMS
|
SBG
|
38 Spl
|
Caliber addition
|
|
SIG SAUER/SIGARMS INC.
|
P365-FUSE
|
9 mm
|
Model addition
|
|
TISAS
|
1911A1 STAKEOUT
|
9 mm/38 Super
|
Model addition
|
|
SMITH & WESSON
|
PERFORMANCE CENTER M&P 9 SHIELD PLUS CARRY COMP
|
9 mm
|
Model addition
|
|
SMITH & WESSON
|
PERFORMANCE CENTER M&P 9 M2.0 METAL CARRY COMP
|
9 mm
|
Model addition
|
|
SMITH & WESSON
|
Performance Center Model 327 WR Jerry Miculek
|
9 mm
|
Model addition
|
|
LORCIN
|
L9MM
|
9 mm
|
Model addition
|
|
SMITH & WESSON
|
PERFORMANCE CENTER M&P 9 M2.0 COMPACT CARRY COMP
|
9 mm
|
Model addition
|
|
KIMBER
|
Classic Model Custom
|
45 ACP
|
Model addition
|
|
BUL TRANSMARK, LTD (MAGNUM RESEARCH)
|
MR1911G10
|
10 mm
|
Model addition
|
|
SMITH & WESSON
|
BODYGUARD 2.0
|
380 ACP
|
|
|
SPRINGFIELD ARMORY/INC. (HS PRODUKT)
|
Hellcat Pro Comp
|
9 mm
|
|
|
JL Machining Works
|
JL 15
|
5.56 NATO
|
|
|
PTR INDUSTRIES
|
PTR 9
|
9 mm
|
|
|
ATLAS GUNWORKS, INC.
|
Titan RDS
|
9 mm
|
|
|
SHADOW SYSTEMS CORP
|
CR920X FOUNDATION SERIES
|
9 mm
|
Model addition
|
|
GLOCK
|
17L GEN 5
|
9 mm
|
Model addition
|
|
TISAS (SDS IMPORTS)
|
M1911 A1 Government
|
45 ACP
|
Model addition
|
|
HAMMERLI
|
215 S
|
22 LR
|
Model addition
|
|
COLT/COLTS MFG. CO., INC.
|
Kodiak
|
44 Magnum
|
Model addition
|
|
STURM RUGER
|
P90DC
|
45 ACP
|
Model addition
|
|
DIKAR (CVA)
|
SCOUT V2
|
204 Ruger
|
Caliber addition
|
|
Balikli Arms (GForce Arms)
|
Chronicle 1911
|
9 mm
|
|
|
FUSION FIREARMS, INC.
|
NCOM-D
|
45 ACP, 9 mm
|
Model addition
|
|
FUSION FIREARMS, INC.
|
NCOM-T
|
45 ACP, 9 mm
|
Model addition
|
|
FUSION FIREARMS, INC.
|
Thorn
|
45 ACP, 9 mm
|
Model addition
|
|
SIG SAUER/SIGARMS INC.
|
P320-Flux Legion Pistol
|
9 mm
|
|
|
COLT/COLTS MFG. CO., INC.
|
Viper
|
357 Mag
|
|
|
GP ARMS LLC
|
1911 DS3 Forza
|
9 mm
|
|
|
GP ARMS LLC
|
1911 DS4 Patriot
|
9 mm
|
|
|
Tyler Gun Works
|
Government 1911
|
45 ACP
|
|
|
LAUGO ARMS (LAUGO ARMS USA LLC)
|
Alien Creator Evolution
|
9 mm
|
Model addition
|
|
TISAS
|
Zig M1911 A1 Government
|
45 ACP
|
Model addition
|
|
Hayes Custom Guns LLC
|
Cobra HC1911 Pistol
|
9 mm
|
|
|
ARMSCOR PHILIPPINES-ROCK ISLAND ARMORY (ARMSCOR PRECISION
INTERNATIONAL)
|
M1911 A1 FS-TACT
|
9 mm/22 TCM 9R
|
|
|
SCT Manufacturing, LLC
|
SCT 17
|
9 mm
|
|
|
AKAI CUSTOM GUNS, LLC
|
1911
|
9 mm, 45 ACP
|
|
|
VUDOO GUN WORKS
|
Priest
|
9 mm
|
|
|
ZEV TECHNOLOGIES [SIG SAUER]
|
P365
|
9 mm
|
Model addition
|
|
SMITH & WESSON
|
36-10
|
38 Spl
|
Model addition
|
|
SMITH & WESSON
|
586-8
|
357 Mag, 38 Spl
|
Model addition
|
|
HI POINT FIREARMS
|
YC380
|
380 ACP
|
Model addition
|
|
BOND ARMS
|
XLV
|
45 ACP
|
Model addition
|
|
SOVIET ARMS
|
Krink Pistol
|
300 BLK
|
Caliber addition
|
|
MORIARTI ARMAMENTS LLC
|
AR-15
|
300 BLK
|
Caliber addition
|
|
ARMSCOR PHILIPPINES-ROCK ISLAND ARMORY (ARMSCOR PRECISION
INTERNATIONAL)
|
M1911 A2 FS
|
45 ACP
|
Caliber addition
|
|
AMT
|
AUTOMAG IV
|
10mm Magnum
|
Caliber addition
|
|
CZ
|
P-09 C Nocturne
|
9 mm
|
Model addition
|
|
CZ
|
P-09 F Nocturne
|
9 mm
|
Model addition
|
[24-19-20]
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
STATE COLLECTION AGENCY LICENSING BOARD
Subject: Public Meeting
Date and Time: October 8, 2024, 2
— 3 p.m. Thereafter, the public meetings will take place the second Tuesday of every
month, accessed via the Google Meet information below.
Place: Via Google
Meet — please see details below.
Add’l. Info: If necessary, the Board will convene in a closed session
to seek the advice of counsel or review confidential materials, pursuant to
General Provisions Article, §3-305, Annotated Code of Maryland.
Video call link:
https://meet.google.com/ahz-mgnk-jsu
Or call: (US) +1 530-738-1353;
PIN: 815 799 863#
Contact: Ayanna Daugherty
410-230-6019
[24-19-18]
MARYLAND DEPARTMENT OF HEALTH
Subject: Public Meeting
Date and Time: October 7, 2024, 10 a.m. — 12 p.m.
Place: Baltimore,
MD
Contact: Sabrina Chase
443-687-6647
[24-19-02]
MARYLAND DEPARTMENT OF HEALTH
Subject: Receipt of Application
Add’l. Info: The Maryland Department of Health (MDH) is currently
accepting applications and nominations for pharmacists to serve on the Maryland
Medicaid Drug Use Review (DUR) Board beginning January 2025. The DUR Board is
comprised of up to 12 licensed and actively practicing physicians and
pharmacists in Maryland. Members are appointed by the Secretary of MDH and
serve one term of 3 years from the date of their appointment with the option to
serve an additional 3-year term.
All interested applicants
are required to submit a formal application through the Maryland Department of
Health’s Office of Appointments and Executive Nominations application link for
DUR Board DUR Application. The deadline to submit applications is October 11,
2024.
Contact: Mangesh Joglekar, Lynn
Frendak, or Nisha Purohit at
mangesh.joglekar@maryland.gov, lynn.frendak@maryland.gov, or
nisha.purohit1@maryland.gov
[24-19-16]
MARYLAND DEPARTMENT OF HEALTH/PHARMACY AND THERAPEUTICS
(P&T) COMMITTEE
Subject: Public Meeting
Date and Time: November 7, 2024,
9a.m — 1 p.m.
Place: Virtual meeting — please see details below.
Add’l. Info: Please
be advised that the November 7, 2024, Pharmacy and Therapeutics (P&T)
Committee public meeting will be conducted virtually via a Webinar. As soon as
available, classes of drugs to be reviewed, speaker registration guidelines,
and procedure to register to attend the virtual meeting will be posted on the
Maryland Pharmacy Program website at https://health.maryland.gov/mmcp/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx.
Please submit questions to
mdh.marylandpdlquestions@maryland.gov.
Contact: Deborah Washington 410-767-1455
[24-19-01]
MARYLAND DEPARTMENT OF HEALTH/STATE ADVISORY COUNCIL
ON QUALITY CARE AT THE END OF LIFE
Subject: Public Meeting
Date and Time: October 7, 2024,
10 a.m. — 12 p.m.
Place: Via Google Meet —please see details below.
Add’l Info: The public is welcome to attend the video conference.
Joining info:
Meeting ID: meet.google.com/gbo-yrvd-fjw
Or call:
(US)+1 562-448-5444
PIN: 110 205 122#
Contact: Sabrina Chase
443-687-6647
[24-19-04]
MARYLAND DEPARTMENT OF HEALTH/WORKGROUP ON ISSUANCE OF
ALCOHOLIC BEVERAGES LICENSES TO TOBACCONISTS
Subject: Public Meeting
Date and Time: October 17, 2024,
11 a.m. — 12:30 p.m.
Place: Via
Google Meet — please see details below.
Add’l. Info: Meeting 1
Joining
info:
Meeting ID:
https://meet.google.com/kap-tjzh-jaz
Or call:
(US) +1
304-805-6319
PIN: 441 738 130#
Contact: Victoria Marte-Tiburcio 410-699-2223
[24-19-07]
MARYLAND HEALTH CARE COMMISSION
Subject: Formal Start of Review
Add’l. Info: The Maryland Health Care Commission (MHCC) hereby gives
notice of docketing of the following application for Certificate of Need:
SurgCenter
at National Harbor, LLC dba Harborside Surgery Center — Docket No. 24-16-2470 —
Harborside Surgery Center (Harborside) is currently licensed by the State of
Maryland as an ASC-2 with two operating rooms and three procedure rooms.
Harborside proposes to operate the center as an ambulatory surgical facility
(ASF) with three total operating rooms and two procedure rooms through the
conversion of one procedure room to an operating room. Project Budget:
$247,985.
MHCC shall review the applications
under Health-General Article, §19-101 et seq., Annotated Code of Maryland, COMAR
10.24.01, and the applicable State Health Plan standards. Any affected person
may make a written request to the Commission to receive copies of relevant
notices concerning the application. All further notices of proceedings on the
application will be sent only to affected persons who have registered as
interested parties. Persons desiring to become interested parties in the
Commission’s review of the above-referenced application must meet the
requirements of COMAR 10.24.01.01B(2) and (20) and must also submit written
comments to the Commission no later than close of business October 21, 2024.
These comments must state with particularity the State Health Plan standards or
review criteria that you believe have not been met by the applicant as stated
in COMAR 10.24.01.08F.
Please refer to the Docket Number
listed above in any correspondence on the application. Copies of the
application are available for review in the office of MHCC during regular
business hours by appointment.
All correspondence should be addressed to
Wynee Hawk, Director, Center for Health Care Facilities and Planning, Maryland
Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215.
Contact: Deanna Dunn
410-764-3460
[24-19-19]
STATE ADVISORY COUNCIL ON QUALITY CARE AT THE END OF
LIFE
Subject: Public Meeting
Date and Time: October 7, 2024,
10 a.m. — 12 p.m.
Place: Meeting
ID: 1-562-448-5444
PIN: 110 205 122#
Contact: Sabrina Chase
443-687-6647
[24-19-03]
MARYLAND VETERANS COMMISSION
Subject: Public Meeting
Date and Time: October 15, 2024,
10:30 a.m. — 1 p.m.
Place: 100 Community Pl., Crownsville, MD
Contact: Denise Nooe
410-260-3840
[24-19-05]
MARYLAND COLLEGE COLLABORATION FOR STUDENT VETERANS
COMMISSION
Subject: Public Meeting
Date and Time: October 22, 2024,
10 a.m. — 12 p.m.
Place: 1101 Camden Ave., Salisbury, MD
Contact: Denise Nooe
410-260-3840
[24-19-06]
WORKERS’ COMPENSATION COMMISSION
Subject: Public Meeting
Date and Time: September 30, 2024,
1 — 3 p.m.
Place: 10 E. Baltimore St., 3rd Fl., Baltimore, MD
Add’l. Info: Meeting of the Governor’s Advisory Committee on Budget
of State Workers’ Compensation Commission.
Portions of this meeting may be held in
closed session.
Contact: David E. Jones
410-864-5255
[24-19-17]
