Sec. 10.21.18.04. Referral and Admission

A. Referral. A therapeutic nursery may accept a referral to the therapeutic nursery from:

(1) Education, social service, or health care agency staff;

(2) Family members; or

(3) Other interested individuals and agencies.

B. Eligibility. A child is eligible for therapeutic nursery services if the child:

(1) Has or is at risk for a mild to severe mental disorder, as defined in the current Diagnostic and Statistical Manual of Mental Disorders, or mild to severe behavioral problems, or both;

(2) Is at risk for emotional or behavioral problems because the child:

(a) Is experiencing substantial developmental delay or atypical development which, if left untreated, is likely to impair severely the child's ability to function independently, as measured by diagnostic instruments and procedures that meet usual and customary practice standards, in one or more of the following areas:

(i) Cognitive development;

(ii) Physical development;

(iii) Language and speech development;

(iv) Psychosocial development; or

(v) Self-help skills;

(b) Has experienced psychological trauma, as identified by an evaluation by a mental health professional;

(c) Has a diagnosed physical or mental condition which has a high probability of resulting in developmental delay; or

(d) Has been excluded, for developmental or behavioral problems, from more than one preschool or day care program;

(3) Is at risk for emotional or behavioral problems and is a child who is being assessed or has been assessed in a suspected child abuse or neglect investigation pursuant to Family Law Article, §5-701 et seq., Annotated Code of Maryland; or

(4) Is at risk for emotional or behavioral problems because of significant family history, as identified by an evaluation by a mental health professional.

C. Admission.

(1) A therapeutic nursery program may admit a child:

(a) If the child is:

(i) For Program A, younger than 3 years old, and the primary caretaker is available to participate in the treatment process; or

(ii) For Program B, 3 years old or older, but younger than 5 years old;

(b) Upon the written or tape-recorded consent of the child's parent or guardian; and

(c) For whom a physician orders therapeutic nursery services as medically necessary.

(2) A therapeutic nursery program may not admit a child:

(a) Whose primary or sole diagnosis or condition is:

(i) Mental retardation;

(ii) Visual impairment;

(iii) Hearing impairment;

(iv) Physical disorder; or

(v) Technology dependence; or

(b) Who has cognitive deficits that severely limit the ability to benefit from the treatment modalities provided by the therapeutic nursery.