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Martin O'Malley, Governor
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Ch. 3
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REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 49D, § 6-101(d) and (f).
Defined term: "Residential child care program" § 8-101
8-806. BYLAWS.
A CORPORATION SHALL ADOPT WRITTEN BYLAWS THAT REQUIRE THE
CORPORATIONS BOARD OF DIRECTORS TO BE RESPONSIBLE FOR:
(1) OVERSEEING THE MANAGEMENT AND OPERATION OF THE
RESIDENTIAL CHILD CARE PROGRAM OPERATED BY THE CORPORATION;
(2) ENSURING THAT THE RESIDENTIAL CHILD CARE PROGRAM
OPERATES IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS;
(3) APPROVING THE RESIDENTIAL CHILD CARE PROGRAM'S MISSION
STATEMENT, LONG-TERM GOALS, POLICIES, PROCEDURES, AND ANNUAL BUDGET;
(4) DEFINING AND PROHIBITING CIRCUMSTANCES THAT WOULD
CREATE A FINANCIAL OR PERSONAL CONFLICT OF INTEREST FOR MEMBERS OF THE
BOARD OF DIRECTORS, CORPORATE OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, AND
VOLUNTEERS;
(5) ENSURING THAT THE RESIDENTIAL CHILD CARE PROGRAM
RESPONDS TO ALL REQUESTS FROM THE LICENSING AGENCY IN A TIMELY MANNER;
(6) APPROVING THE RESIDENTIAL CHILD CARE PROGRAM'S SERVICE
PLAN AND ENSURING THAT SERVICES ARE PROVIDED IN ACCORDANCE WITH THE
PLAN;
(7) IF THE CORPORATION IS A NONPROFIT CORPORATION, REVIEWING
ANNUALLY WHETHER THE CORPORATION IS SATISFYING ITS CHARITABLE MISSION;
(8) ENSURING THAT THE CORPORATION HAS LIABILITY INSURANCE;
(9) REQUIRING THAT MEMBERS OF THE BOARD OF .DIRECTORS HAVE
TRAINING IN THEIR RESPONSIBILITIES REGARDING THE GOVERNANCE OF THE
RESIDENTIAL CHILD CARE PROGRAM; AND
(10) ESTABLISHING COMMITTEES OR MEMBER ASSIGNMENTS TO
PERIODICALLY REVIEW AS WARRANTED, BUT NOT LESS THAN ANNUALLY:
(I) COMPENSATION OF OFFICERS AND STAFF OF THE
CORPORATION AND THE RESIDENTIAL CHILD CARE PROGRAM;
(II) QUALITY OF SERVICES PROVIDED TO CLIENTS, INCLUDING ALL
INCIDENTS HARMING OR POTENTIALLY HARMING CLIENTS;
(III) FINANCIAL PROBLEMS AND CONCERNS RELATING TO THE
RESIDENTIAL CHILD CARE PROGRAM;
(IV) PERFORMANCE OF KEY STAFF;
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- 305 -
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