Section 8-703.1 - Statements of need. - Maryland Statutes

§ 8-703.1. Statements of need.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Licensing agency" means: 

(i) the Department of Human Resources; and 

(ii) the Department of Juvenile Services. 

(3) "Statement of need" means an official certification of public need for the location and establishment of a residential child care program in a county issued by a licensing agency under this section. 

(b)  Regulations.- The licensing agencies shall adopt regulations governing the issuance of statements of need. 

(c)  Regulations - Considerations and consultation.- In developing the regulations required under subsection (b) of this section, a licensing agency shall: 

(1) consider the specialized mental, physical, and behavioral health and developmental needs of children in the county or region affected by the statement of need; and 

(2) consult with stakeholders in the county or region affected by the statement of need, including: 

(i) State and local child-serving agencies; 

(ii) providers of residential and community-based services for children; and 

(iii) children, parents, and foster parents. 

(d)  In general.- An application may not be submitted to the office and a license may not be granted by a licensing agency for a residential child care program until a licensing agency issues a statement of need for a residential child care program in a county. 

(e)  Additional requirements.- In addition to the statement of need required under subsection (d) of this section, a statement of need is required before: 

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

(2) the physical site of a residential child care program is expanded; or 

(3) the number of placements in a residential child care program is increased. 

(f)  Notice.- A licensing agency shall publish notice of the issuance of a statement of need in the Maryland Register. 

(g)  Nondelegable authority.- A licensing agency may not delegate its authority to issue a statement of need. 
 

[2008, ch. 454.]