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Ch. 282
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2002 LAWS OF MARYLAND
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[(viii)] (VII) Any other person the Special Secretary deems
necessary.
[(c)] (G) (B) (1) [Until the plan developed under subsection (b) of this
section is fully implemented, a] A local or State agency may approve a new
out-of-state placement of any child only if:
(i) The out-of-state placement is closer in distance to the child's
home than an alternative in-State placement;
(ii) An equally appropriate individualized in-State program is not
available for the child, for up to 100% of the average cost per placement for all
appropriate out-of-state programs for which application would be made on behalf of
the child; [or]
(iii) The child is currently in detention pursuant to a court order;
(IV) COMPLIANCE WITH THE FEDERAL INDIVIDUALS WITH
DISABILITIES EDUCATION ACT REQUIRES OUT-OF-STATE PLACEMENT; OR
(V) THE CHILD IS HOSPITALIZED IN AN ACUTE CARE PSYCHIATRIC
HOSPITAL UNDER THE FOLLOWING CIRCUMSTANCES:
1. THE CHILD IS COMMITTED TO THE DEPARTMENT OF
JUVENILE JUSTICE, A LOCAL DEPARTMENT OF SOCIAL SERVICES, OR THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE;
2. THE CHILD'S TREATMENT TEAM HAS DETERMINED THAT
THE CHILD IS READY FOR DISCHARGE OR MUST BE DISCHARGED TO A
RECOMMENDED PLACEMENT WITHIN 30 DAYS; AND
3. THE ONLY AVAILABLE APPROPRIATE PLACEMENT IS OUT
OF STATE.
(2) At the time of application to the State Coordinating Council for an
out-of-state placement, the referring agency, in consultation with the local
coordinating council as defined in § 13 of this article, shall begin to plan for the child's
return.
[(d)] (H) (C) Each department's funds available for out-of-home care may be
used flexibly for less restrictive care, in accordance with the plan developed under
subsection [(c)] (B) OF THIS SECTION AND THE REQUIREMENTS OF SUBSECTION (G)
of this section BY THE SUBCABINET.
[(e)] (I) (D) [(1)] The [Office for Children, Youth, and Families]
SUBCABINET shall adopt regulations necessary to carry out the provisions of this
section, INCLUDING REGULATIONS ESTABLISHING:
(1) ELIGIBILITY REQUIREMENTS;
(2) SERVICE PRIORITIES;
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(3) PROCEDURES FOR FAMILIES TO ACCESS SERVICES;
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- 2130 -
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