Section 8-703.1 - Statements of need.
§ 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.]