§ 9-227
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/md/human-services/9-227A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–227.
(a)Each facility described in § 9-226 of this subtitle shall operate under the control and general management of the Department.
(b)The Department shall:
(1)subject to Title 3, Subtitles 8 and 8A of the Courts Article, adopt regulations that set:
(i)policies for detention authorization, community detention, admission, transfer, discharge, and aftercare supervision; and
(ii)standards of care, including provisions to administer any early, periodic screening diagnosis and treatment program that the Department approves for establishment under 42 U.S.C., § 1396d(a)(4)(B) and to treat appropriately any condition that the screening reveals;
(2)adopt regulations applicable to residential facilities it operates that:
(i)prohibit the use of locked door seclusion and restraints as punishment and describe the circumstances under which locked door seclusion and restraints may be used; and
(ii)prohibit abuse of a child; and
(3)adopt regulations that require each State residential program to provide:
(i)medical and mental health assessment services;
(ii)alcohol abuse and drug abuse assessment services;
(iii)either alcohol abuse and drug abuse referral services or an alcohol abuse and drug abuse treatment program that has been certified in accordance with the requirements of Title 8 of the Health – General Article; and
(iv)a safe, humane, and caring environment.
(1)The Department shall adopt a policy to govern disciplinary actions and grievances in its facilities.
(2)The policy shall:
(i)require preparation of a written report of any disciplinary action taken against a child or of any grievance made by or on behalf of a child;
(ii)require that each written report be forwarded to and reviewed by the administrative head of the facility; and
(iii)require the Department to forward in a timely manner all reports of disciplinary actions, grievances, and grievance dispositions from each facility to the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article.
(d)In each facility, the Department shall develop special programs that are designed to meet the particular needs of its residents.
(e)Subject to Title 3, Subtitles 8 and 8A of the Courts Article, the Department shall order any necessary changes in the policy, conduct, or management of a State residential program to provide adequate care for the children and adequate services to the courts.