Sec. 14.31.05.08. Corrective Actions

A. If the licensing agency determines through its monitoring and evaluation activities that a program is deficient in meeting the licensing requirements of this chapter, COMAR 14.31.06, or COMAR 14.31.07, and the licensing agency chooses to require a corrective action plan, it shall:

(1) Determine whether it is necessary during the pendency of the corrective action process to:

(a) Remove children currently placed in the facility; or

(b) Place a moratorium on future placements to the program;

(2) Evaluate and, if acceptable, approve the corrective action plan;

(3) Determine appropriate timelines for the completion of corrective actions;

(4) Conduct periodic monitoring of any program for which it required a corrective action plan:

(a) To assess the program's progress toward remedying the deficiencies; and

(b) To evaluate the program's viability as it is affected by the licensing agency's action.

B. Upon determining that corrective actions are required to remedy deficiencies, the licensing agency shall give written notice to the program including:

(1) A description of the regulation violated or other program violation;

(2) A description of any sanctions to be imposed; and

(3) The requirements for the licensee's submission of a plan of correction to the licensing agency.

C. Corrective Action Plans.

(1) Within 10 days of receipt of a deficiency notice under §B of this regulation, the licensee shall submit a corrective action plan to the licensing agency for approval.

(2) The licensing agency shall review the corrective action plan by the effective date of the sanction indicated in the deficiency notice and inform the licensee whether the plan of correction has been accepted.

(3) If the licensee fails to submit an acceptable corrective action plan within the agency's timelines, the licensing agency may:

(a) Impose additional corrective action measures under this regulation;

(b) Provide additional time for the licensee to submit a revised corrective action plan; or

(c) Impose sanctions under Regulation .09 of this chapter.

D. Corrective Action Outcomes.

(1) If the licensing agency, at any time during the corrective action period, determines that the licensee has failed to fulfill the corrective action plan requirements or makes insufficient progress towards remedying deficiencies, the licensing agency may:

(a) Require the removal of currently placed children from the program;

(b) Place a moratorium on future placements at the program; or

(c) For good cause, grant an extension of time for completion of a corrective action plan.

(2) If the licensing agency determines, at the end of the prescribed corrective action period, that the licensee has failed to remedy deficiencies adequately, the agency shall impose sanctions under Regulation .09 of this chapter.

E. Services to Children at Programs with Corrective Action Plans.

(1) The placing agency shall identify an expedited, interim placement for a child who must be removed from a program due to deficiencies.

(2) If the licensing agency determines that children may no longer be placed in a program with uncorrected deficiencies, the licensing agency may grant a waiver for the placement of an individual child, or group of children, in the program based on the following considerations:

(a) The seriousness of the deficiency and its implications for the child's health, safety, and welfare;

(b) Applicable legal requirements including:

(i) The child's individualized education program, if the child is a student with disabilities;

(ii) Any court order regarding the child's placement; and

(iii) Any other legal requirements that may govern in the child's placement;

(c) The medical recommendations of the child's treating physician;

(d) The availability of alternative placements; and

(e) The ability of the program to ensure safe and appropriate services for each child for whom the waiver is sought.