Sec. 14.31.07.04. State-Operated Residential Educational Facilities

A. Scope. This regulation applies only to the Maryland School for the Deaf and the Maryland School for the Blind.

B. Applicable Core Regulations. The standards for residential child care programs established in COMAR 14.31.05 apply to residential educational facilities only to the extent that they are specifically referenced in §§D-F of this regulation.

C. Licensing and Monitoring.

(1) Licensing Agency.

(a) The Department of Human Services is the licensing agency for residential education facilities.

(b) A residential educational facility may request a variance or waiver of the provisions listed in this subsection by filing a request for variance or waiver under COMAR 14.31.05.13.

(c) Residential educational facilities shall be monitored and evaluated as provided in COMAR 14.31.05.07 -.09 only with respect to the standards set out in §§D-F of this regulation.

(2) The governance and operation of residential educational facilities shall otherwise be regulated under the provisions of Education Article, §8-301 et seq., Annotated Code of Maryland.

D. Licensing Standards. Employees of residential education facilities who provide supervision for children when the children are not attending school shall provide the licensee with documentation of:

(1) An annual screening for tuberculosis 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 medication certification that the staff member presents no symptoms of active tuberculosis;

(2) A copy of current cardiopulmonary resuscitation certification;

(3) 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 which would endanger the health and well-being of children;

(4) Request for criminal background check and copy of outcome upon receipt; and

(5) Protective services clearance from the appropriate department of social services.

E. Licensee Documentation. The licensee shall provide the licensing agency annually with documentation of:

(1) On-site fire inspections by the local fire department;

(2) On-site health inspections by the local health department; and

(3) Weekly menus approved by an individual licensed by the State to practice dietetics.

F. Child Abuse and Neglect Reporting. The licensee shall provide the licensing agency with:

(1) A written procedure for reporting child abuse or neglect;

(2) A verbal report of any suspected child abuse or neglect within 1 hour of the suspected abuse or neglect;

(3) A written report within 24 hours of the suspected abuse or neglect; and

(4) A written incident report within 24 hours of any incident which threatens the life, health, or general well being of a child in care.