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2007 Laws of Maryland
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Ch.3
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(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) EXCEPT AS PROVIDED IN § 22-308 OF THE EDUCATION ARTICLE,
ADOPT REGULATIONS THAT REQUIRE EACH STATE RESIDENTIAL PROGRAM TO
PROVIDE:
(I) YEAR-ROUND EDUCATIONAL PROGRAMS THAT ARE DESIGNED
TO MEET THE PARTICULAR NEEDS OF ITS RESIDENTS;
(II) MEDICAL AND MENTAL HEALTH ASSESSMENT SERVICES;
(III) ALCOHOL ABUSE AND DRUG ABUSE ASSESSMENT SERVICES;
(IV) 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
(V) A SAFE, HUMANE, AND CARING ENVIRONMENT.
(C) POLICIES.
(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
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- 338 -
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