Sec. 07.01.06.05. Procedures for Conducting the Citizen Review of Out-of-Home Placement

A. The local board shall invite interested individuals to the review in the following manner:

(1) At least 42 days before the review, notify the local department to send to the review:

(a) Any local department caseworker who is directly responsible for planning for the child's care; and

(b) The caseworker responsible for each child when sibling groups are reviewed;

(2) At least 10 days before the review, invite:

(a) The child's parents, guardians, and custodians;

(b) A representative of any agency or institution charged with the care of the child;

(c) The child being reviewed, if the child is 18 years old or older; and

(d) The caregiver; and

(3) Have discretion to invite to the review:

(a) The child being reviewed, if the child is 10 years old or older;

(b) The child being reviewed, if the child is younger than 10 years old and requests participation; and

(c) Any other individual whom the local board or local department believes may provide information about the child.

B. The local board shall make findings and recommendations, based on:

(1) The child's safety and best interests as paramount factors;

(2) Information received from:

(a) The case plan;

(b) The caseworker's presentation; and

(c) Interested individuals attending the review; and

(3) All applicable State and federal laws and regulations.

C. Regarding a waiver of reunification services, the local board shall:

(1) Find whether a waiver has been granted or is pending decision of the court;

(2) Find whether the requirements of Courts and Judicial Proceedings Article, §3-812.1, Annotated Code of Maryland, and exceptions, apply; and

(3) Recommend whether a waiver should be granted or filed.

D. Regarding termination of parental rights for a child younger than 18 years old, the local board shall:

(1) Find whether a petition for termination has been granted or is pending determination by the court;

(2) Find whether requirements of Family Law Article, §5-525.1, Annotated Code of Maryland, and exceptions apply; and

(3) Recommend whether a petition for termination should be filed or granted.

E. Regarding the permanency plan, the local board shall:

(1) Agree with the plan presented by the local department; or

(2) Recommend an alternate permanency plan and explain why the alternate plan is more appropriate.

F. Regarding progress towards making a permanent placement, the local board shall:

(1) Find whether progress is adequate; and

(2) If progress is not adequate:

(a) Cite the agency or agencies responsible, and

(b) Explain why progress is not adequate.

G. Regarding the safety of current and future living arrangements, the local board shall find whether:

(1) The local department has utilized all applicable safety assessment and child protection protocols;

(2) There are indicators of risk; and

(3) The local department has taken appropriate steps to protect the child.

H. Regarding the current living arrangement, the local board shall:

(1) Find whether the arrangement is appropriate; and

(2) If not appropriate:

(a) Explain why the arrangement is not appropriate; and

(b) Recommend steps to achieve an appropriate living arrangement.

I. Regarding the local department's placement plan, the local board shall:

(1) Agree with the plan; or

(2) Recommend an alternate placement plan and explain why the alternate plan is more appropriate.