Sec. 10.09.90.08. Conditions for Provider Participation

A. Selection of CCOs.

(1) The local core service agencies shall select child and youth CCOs through a competitive procurement process, at least once every 5 years.

(2) Regional CCOs may be procured at the mutual agreement of local core service agencies so long as the local core service agencies demonstrate that there is sufficient provider capacity to serve the children and youth in a particular region.

B. The CCO shall:

(1) Be approved by the Department as a CCO;

(2) Commit to coordination with all agencies involved in the participant’s POC; and

(3) Work with the State and local child- and family-serving agencies to develop a network of clinical and natural supports in the community to address strengths and needs identified in each POC.

C. Required Criminal Background Checks. The provider shall, at the provider’s own expense and for all staff, volunteers, students, and individuals providing care coordination services to participants and their families:

(1) Before employment, submit an application for a child care criminal history record check to the Criminal Justice Information System Central Repository, Department of Public Safety and Correctional Services (DPSCS), in accordance with Family Law Article, §5-561, Annotated Code of Maryland;

(2) Request that DPSCS send the report to:

(a) The director of the agency if the request is from a provider agency concerning staff, volunteers, students, or interns who will work with the participant or family; or

(b) The Department’s designee, if the provider is a self-employed, independent practitioner, or the director of the agency;

(3) Review the results of the background checks;

(4) Store background checks in a secure manner consistent with State and federal law; and

(5) Maintain written documentation in the individual’s personnel file that the director and all direct service provider staff including, but not limited to, volunteers, interns, and students, meet the criteria set forth in this regulation.

D. Prohibitions Against Utilization of Staff. Unless waived by the Department in accordance with §E of this regulation, the provider shall prohibit from working with the participant or the participant’s family any staff, volunteers, students, or individuals who:

(1) Are convicted of, received probation before judgment for, or entered a plea of nolo contendere to a felony or a crime of moral turpitude or theft or have any other criminal history that indicates behavior which is potentially harmful to a participant;

(2) Are cited on any professional licensing or certification boards or any other registries with a determination of abuse, misappropriation of property, financial exploitation, or neglect; or

(3) Have an indicated finding of child abuse or neglect.

E. Waiver of Employment Prohibitions. The Department may waive the prohibition against working with the participant or the participant’s family if the provider submits a request to the Department together with the following documentation that:

(1) For criminal background checks:

(a) The conviction of, the probation before judgment for, or plea of nolo contendere to the felony or the crime involving moral turpitude or theft was entered more than 10 years before the date of the employment application;

(b) The criminal history does not indicate behavior that is potentially harmful to participants; and

(c) Includes a statement from the individual as to the reasons the prohibition should be waived; and

(2) For abuse and neglect findings:

(a) The indicated finding occurred more than 7 years before the date of the clearance request;

(b) The summary of the indicated finding does not indicate behavior that is potentially harmful to the participant or the participant’s family; and

(c) Includes a statement from the individual as to the reasons the prohibition should be waived.

F. The CCO shall provide all three levels of care coordination to ensure continuity of care for participants.