Sec. 14.31.09.04. Statement of Need

A. A Statement of Need shall be issued by the Department of Human Services or the Department of Juvenile Services before:

(1) A prospective licensee may submit to the Office a proposal for a residential child care program in accordance with COMAR 14.31.02;

(2) An existing or previously licensed residential child care program is relocated to another site;

(3) The physical site of a residential child care program is expanded; or

(4) The number of placements in a residential child care program is increased.

B. In developing a statement of need, the Agencies shall:

(1) Consider needs identified in the State Resource Plan and the Interagency Strategic Plan;

(2) Consider the specialized mental, physical, and behavioral health and development needs of children in the county or region affected by the statement of need; and

(3) Give notice and an opportunity to comment on the proposed statement of need to stakeholders in the counties or regions affected by the statement of need, including:

(a) State and local child-serving agencies;

(b) Providers of residential and community-based services for children; and

(c) Children, parents, foster parents, and other guardians.

C. When the need for a residential child care program is identified, the Agencies shall publish a notice of a statement of need in the Maryland Register.

D. The statement of need shall include:

(1) Identification of the geographic area or areas of need, including the primary region or regions of residence of the children who will be placed in the facility;

(2) Identification of population to be served, including specialized mental, physical, behavioral health, and developmental needs of the children affected by the statement of need;

(3) Description of services that will be provided;

(4) Description of the current availability of the proposed services in the region or regions;

(5) Description of the actual or projected number of children who need the proposed services from the region or regions;

(6) Number of beds required;

(7) Description of the methodology used as the basis for the agency's calculations set forth in a manner that permits independent verification if requested;

(8) Date by which proposals must be submitted;

(9) Date by which beds must be available; and

(10) Selection criteria.

E. Proposals for a residential child care program must be submitted to the Office in accordance with COMAR 14.31.02 only in response to a published statement of need.

F. The Agencies may not grant a license for a residential child care program unless a statement of need has been issued.

G. The Agencies may not delegate their authority to issue a statement of need.

H. The Agencies shall perform the licensure for a residential child care program in accordance with the applicable provisions of COMAR 14.31.05.

I. The Agencies shall perform an evaluation of responses to requests for proposals, and selection of a contractor in accordance with the applicable provisions of COMAR 21.05.03 and other applicable statutes and regulations.