Sec. 14.31.06.05. Personnel Administration

A. Personnel Policies.

(1) The board of directors shall:

(a) Adopt and adhere to written personnel policies; and

(b) Review the policies at least every 2 years.

(2) The written policies shall include the following provisions:

(a) Annual performance evaluation;

(b) Communicable diseases;

(c) Confidentiality of records;

(d) Description of job responsibilities;

(e) Drug and alcohol free workplace;

(f) Employee discipline, suspension, and dismissal;

(g) Employee supervision;

(h) Grievance procedures for employees;

(i) Hiring and recruitment of qualified staff;

(j) Hours of work;

(k) Organizational chart;

(l) Orientation and on-going training requirements;

(m) Salary and benefits package;

(n) Vacation and other leave allowances;

(o) A prohibition against the employment of any person whose physical or emotional health, notwithstanding any accommodations required by law, would impair that person's ability to protect the health, welfare, and safety of the program's residents; and

(p) A prohibition against employment discrimination based on race, color, national origin, religion, creed, age, sex, sexual orientation, marital status, ancestry, or physical or mental disability.

(3) The licensee shall document that all employees have received a copy of the program's personnel policies.

(4) A licensee may not appoint as an employee, a member of the board of directors, or a volunteer with unsupervised access to children any individual who:

(a) Refuses to submit to:

(i) A criminal background check in accordance with State law, including Family Law Article, §§5-560-5-568, Annotated Code of Maryland; or

(ii) A Child Protective Services clearance;

(b) Has an indicated child abuse or neglect finding; or

(c) Has a conviction for:

(i) Child abuse or neglect;

(ii) Spousal abuse;

(iii) Rape;

(iv) Sexual assault;

(v) Homicide; or

(vi) Any crime against children;

(d) Has a conviction within 5 years of applying for a job with the program for assault or a drug-related offense; or

(e) Has conviction within 5 years for a violation of the Courts and Judicial Proceedings Article, §3-838 or 3-8A-30, Annotated Code of Maryland.

B. The licensee shall refrain from hiring practices that may result in conflicts of interest, including the concurrent employment of staff persons employed by:

(1) A licensing agency;

(2) Local departments of social services;

(3) A placing agency; or

(4) The State Department of Education.

C. The licensee shall establish and post a code of conduct that:

(1) Bans sexual harassment or other discrimination against staff and residents; and

(2) Requires that staff conduct themselves in a manner appropriate to serve the needs of program residents.

D. The licensee shall:

(1) Have written job descriptions for all positions;

(2) Document that all employees meet or exceed the minimum qualifications for their positions;

(3) Assure that all employees have effective communication skills appropriate to their positions;

(4) Maintain adequate staff coverage at all times based on the time of day, the size and nature of the program, and layout of the physical plant;

(5) Ensure that, when the program administrator is unavailable, that the program administrator appoints a qualified staff member to whom on-site authority is delegated;

(6) Have sufficient staff to carry out the licensee's administrative, business, clerical, dietary, housekeeping, maintenance, secretarial, and supervisory functions; and

(7) Ensure that requests for a criminal background check in accordance with COMAR 12.15.02 and Child Protective Services clearances have been submitted for each prospective employee before the employee begins work at the program.

E. Personnel Record. The licensee shall:

(1) Maintain for each staff member a personnel record that contains:

(a) An employment application or resume showing qualifications and experience;

(b) At least three references documented either by letter or notation of verbal contact indicating:

(i) The date the contact was made;

(ii) The individual making the contact;

(iii) The individual contacted; and

(iv) The reference content;

(c) A written statement of medical examination by a licensed physician, made at the time of the staff member's employment, certifying that the physician has examined the staff member and found nothing in the individual's general, physical, or emotional condition that would endanger the health and well being of children;

(d) A screening for tuberculosis every 2 years administered by the Mantoux method or current Centers for Disease Control and Prevention standard with an analysis of results or, for those staff members whose results were positive, an annual medical certification that the staff member presents no symptoms of active tuberculosis;

(e) Documentation of a criminal background check request made in accordance with State law, including COMAR 12.15.02, and a copy of the initial outcome and any periodic updates;

(f) Documentation of a request for Child Protective Services check and a copy of the outcome;

(g) A completed federal "Employment Eligibility Verification" form (I-9);

(h) A copy of current applicable professional credentials;

(i) A copy of current cardiopulmonary resuscitation certification for all child care staff;

(j) Annual performance evaluations;

(k) Documentation of personnel actions, such as disciplinary and commendation reports relating to the individual's employment with the program;

(l) For a staff member who drives a motor vehicle to transport children:

(i) A copy of the staff member's current driver's license; and

(ii) An official copy of the staff member's driving record updated every 2 years;

(m) Documentation that the staff member has received and read the policies described in Regulations .14 and .15 of this chapter related to the reporting of suspected child abuse and neglect and discipline and control of children; and

(n) Documentation that the staff member has received the employee training required under §F of this regulation;

(2) Grant a staff member reasonable access to the staff member's own personnel record; and

(3) Maintain the personnel file of each employee for a period of 5 years after the employee leaves the employment of the licensee.

F. Training of Child Care Workers.

(1) Each employee who provides direct care to children shall receive a minimum of 40 hours of initial and annual training.

(2) The program administrator shall designate an employee to accompany new direct care employees on initial tours of duty until the employee's supervisor determines that the new employee:

(a) Is able to effectively safeguard the health and safety of the children; and

(b) Has completed the requirements of §F(3)(a)-(f) of this regulation.

(3) The training of employees who may provide direct care to children shall include:

(a) Emergency preparedness and general safety practices;

(b) Cardiopulmonary resuscitation leading to certification;

(c) Annual first-aid training either through completion of:

(i) American Red Cross standard first-aid course which is valid for the period of time recognized by the American Red Cross; or

(ii) First-aid training by a certified or otherwise qualified instructor;

(d) Child abuse and neglect identification and reporting, including training in accordance with any curriculum provided by the licensing agency regarding specific aspects of child abuse and neglect prevention and reporting in residential programs;

(e) Suicide risk assessment and prevention;

(f) Approved forms of discipline and behavior management techniques including crisis management and the use of isolation and restraints;

(g) Medication management;

(h) Infection control and Maryland Occupational Safety and Health Bloodborne Pathogen Standards;

(i) Parenting issues, collaboration with families, and supporting children and families in making choices;

(j) Psychosocial and emotional needs of the children, family relationships, and the impact of separation;

(k) Special needs of the population served;

(l) Child development;

(m) The role of the child care employee;

(n) Food preparation, food service, and nutrition, if the employee is involved in preparing meals for residents; and

(o) Communication skills.

(4) Staff training shall utilize any relevant curriculum approved by the licensing agency.

G. Employee Evaluation. The licensee shall:

(1) Evaluate each employee at least once a year; and

(2) Document each evaluation with the signature and date of the signature of the employee and the employee's immediate supervisor.

H. Staffing Plan. The licensee shall:

(1) Analyze:

(a) The number of children the licensee intends to serve;

(b) The needs of each of the children to be served; and

(c) The needs of the program based on the size and layout of the physical plant;

(2) Develop and implement a staffing plan that:

(a) Addresses the health and safety needs of each child;

(b) Provides each child with the services identified in the child's individual service plan;

(c) Provides for the treatment, recreation, education, and social development of children in placement; and

(d) Addresses the management of staffing needs, including:

(i) Maximum work hours;

(ii) Deployment of personnel; and

(iii) Emergency staffing.