§ 5-533. Health care services by residential facilities for children

   (a) "Residential facility for children" defined. --

   (1) In this section, "residential facility for children" means a public or private facility that provides shelter for minors for more than 30 consecutive days in an out-of-home placement.

   (2) "Residential facility for children" includes:

      (i) a child care institution or child care home licensed under this title;

      (ii) a group home, runaway home, residential treatment program, or independent living program;

      (iii) a State facility;

      (iv) a certified drug abuse facility; or

      (v) a certified alcohol abuse facility.

   (3) "Residential facility for children" does not include:

      (i) a foster care home;

      (ii) a hospital, hospice, or medical care facility; or

      (iii) a regional institute for children and adolescents.

(b) Health care services. --

   (1) A residential facility for children shall maintain contracts or other agreements with appropriate health care providers to provide the following health care services for each child who resides in the facility for more than 30 consecutive days:

      (i) a physical examination and necessary medical treatment; and

      (ii) appropriate mental health services.

   (2) Within 30 days after a child is placed in a residential facility for children the residential facility shall ensure that a health care provider:

      (i) conducts a physical examination of the child; and

      (ii) provides a report on the findings of the examination to the residential facility for children where the child resides.

(c) Penalties. --

   (1) Upon the finding of a court of competent jurisdiction, a residential facility for children that violates this section shall be fined $ 25 per day per child for each day that the violation exists.

   (2) If a fine is imposed on a residential facility for children, the director or the administrator of the residential facility for children may be liable for payment of the fine.

HISTORY: 1988, ch. 404; 1989, ch. 5, § 1.