Sec. 07.02.25.10. Provisions for Kinship Care

A. A local department shall give priority consideration as a placement resource to relatives when a child is committed to a local department for out-of-home placement, or must be placed in an out-of-home placement on an emergency basis.

B. Emergency Placement.

(1) At the time of placement, or not later than 24 hours thereof, the local department shall conduct an assessment and an initial home inspection of a relative who accepts placement of a child on an emergency basis, as set forth in §E(2) and (3) of this regulation.

(2) Within 5 days of placement, the local department shall complete all items under §E of this regulation.

C. Placement of a Committed Child.

(1) A committed child shall be placed by a local department with a relative only after the relative is approved as a kinship parent or as a provisional restricted resource home unless;

(a) The child was placed in the relative's home during the shelter care period by the court, or

(b) The child currently resides in the relative's home.

D. To exercise care and custody of a minor child committed to a local department, a relative may choose to:

(1) Continue as an approved kinship parent, and apply for financial benefits through the State Family Investment Administration, Child Support Administration, and federal Social Security Administration; or

(2) Become an approved restricted resource parent according to COMAR 07.02.25.11.

E. In order to approve a relative as a kinship parent, a local department shall conduct:

(1) State and federal criminal background checks and child protective services clearances.

(a) Each household member 18 years old or older shall apply for State and federal criminal background checks and child protective services clearances.

(b) The local department shall request information from the records of any state in which an adult in the household has lived within the past five years to determine whether an adult in the household has a prior indicated finding of abuse or neglect.

(c) The local department shall obtain a certification signed by each prospective kinship parent stating that they have no prior criminal record or indicated findings of child abuse or neglect.

(d) The local department may not approve, or continue to approve as a placement, any home in which an adult in the household:

(i) Has a felony conviction for child abuse or neglect, spousal abuse, a crime against children, child pornography, or a crime of violence including rape, sexual assault, or homicide but not including other physical assault or battery; or

(ii) In the 5 years before the date of the request for a criminal background check, has a felony conviction, involving physical assault, battery, or a drug-related offense.

(e) The local department may not approve or continue to approve for kinship care any home in which an individual has an indicated child abuse or neglect finding. An exception may be made only upon approval in writing by the local director.

(2) An assessment of the relative with particular attention given to:

(a) Their relationship with the child and the child's parents;

(b) The care provided by the relative to other children in the relative's home;

(c) Their knowledge and understanding of the circumstances that led to the need for the child's placement;

(d) Their role in the past in helping or protecting the child or preventing occurrences of abuse or maltreatment of the child, including the relative's present ability to protect the child placed in the relative's home; and

(e) Their ability to understand the need for protection.

(f) Their willingness to assume legal responsibility for the child if reunification is not possible within 12 to 18 months;

(g) Their willingness to cooperate with the local department and to maintain regular contact with assigned caseworkers;

(h) Their willingness and ability to follow local department requirements regarding:

(i) Working with birth parents and encouraging reunification;

(ii) Enforcing the visitation schedule developed by the local department with the child’s parents;

(iii) Supporting and encouraging the child's educational progress;

(iv) Ensuring that the child attends school according to Maryland law and regulation; and

(v) Refraining from using corporal punishment as a method of discipline.

(3) Initial Home Inspection.

(a) The purpose of the inspection is to verify that the home is physically safe and appropriate, and has:

(i) Adequate heat, light, water, refrigeration, cooking, and toilet facilities;

(ii) Functioning smoke and carbon monoxide detectors;

(iii) In place safety precautions regarding firearms and prescription and non-prescription drugs, dangerous household supplies, tools, and any other household items that are potentially life-threatening or injurious to children as outlined in Regulation .04G(3) of this chapter;

(iv) No exposed wiring;

(v) No rodent or insect infestation;

(vi) No broken windows, doors, or steps;

(vii) No holes in roofs, floors, walls, or ceilings;

(viii) No peeling or chipped paint;

(ix) No mold;

(x) Access to windows and doors;

(xi) Met the safety requirements for swimming pools, hot tubs, spas, waterfront property and fish and duck ponds as outlined in Regulation .04M of this chapter; and

(xii) Otherwise met basic health and safety standards as determined by the Administration.

(b) The initial home inspection shall be repeated by a caseworker within 5 days of notification of a move to another residence by the kinship parent.

F. Health and Safety Hazards Found in the Home.

(1) If a health and safety hazard is present, a caseworker shall immediately inform the relative, verbally and in writing, that corrective action is needed within 30 calendar days of the date of the written notice.

(2) If a health or safety hazard is noted, the caseworker may:

(a) Immediately remove the child from the home pending correction of the deficiencies; or

(b) If placement with the relative was court-ordered, immediately report the findings to the court with a recommendation as to whether the placement should be continued pending correction of the deficiencies.

(3) A local department may use flex funds to assist relatives in correcting deficiencies when appropriate and when funding is available.

(4) When deficiencies are not corrected within 30 calendar days of notice to the kinship parent, the case shall be staffed by the local department to determine whether the placement shall be continued.

G. A local department shall inform the kinship parent of:

(1) The local department's role and authority to supervise the placement; and

(2) The option to become a resource parent.