§ 5-545. Local boards -- Powers and duties

   (a) Standard of review; regulations. --

(1) Each local board shall review children in out-of-home care in accordance with the regulations adopted by the State Board and the Secretary of Human Resources.

   (2) The regulations adopted by the State Board and the Secretary of Human Resources shall require that the local boards review cases based on priorities agreed upon by the Department and the State Board and stated in a memorandum of agreement.

(b) Duty to report. -- Each local board shall report in writing to the juvenile court and the local department on each minor child whose case is reviewed by the local board.

(c) Findings and recommendations. -- In the report, the local board shall include, where applicable, the following findings and recommendations:

   (1) the applicability of provisions authorizing the waiver of reunification services in § 3-812 of the Courts Article;

   (2) the appropriateness of the termination of parental rights for a minor child, including the applicability of the requirements and exceptions described in § 5-525.1 of this subtitle;

   (3) agreement or disagreement with the permanency plan;

   (4) any reasonable efforts made toward the preservation of family relationships and connections;

   (5) the identification of barriers to achieve timely permanency;

   (6) whether the child is receiving appropriate services to achieve the stated permanency goal;

   (7) any reasonable efforts made towards a permanent placement and preparing the child for independent living, if applicable;

   (8) the level of safety of current and planned living arrangements and the adequacy of the Department's efforts to keep the child safe;

   (9) the appropriateness of the current living arrangement and agreement or disagreement with the local department's placement plan;

   (10) the appropriateness of efforts to meet the child's education and health care needs; and

   (11) any reasonable efforts made towards promoting the child's relationship with individuals who will play a lasting, supportive role in the child's life.

(d) Finding that arrangement inappropriate. --

   (1) If the local board finds under subsection (c)(7) of this section that a child's current living arrangement is not appropriate and the child is not placed in the jurisdiction of origin, the local board shall explain why the arrangement is inappropriate, including whether:

      (i) resources are not available to meet the child's service needs;

      (ii) family treatment services are not accessible;

      (iii) distance is a barrier to family visitation; or

      (iv) the local school system is not meeting the child's educational needs.

   (2) If the local board disagrees under subsection (c)(7) of this section with the local department's placement plan and the child would be placed outside the jurisdiction of origin, the local board shall explain why the plan is inappropriate, including whether:

      (i) resources are not available to meet the child's service needs;

      (ii) family treatment services are not accessible;

      (iii) distance is a barrier to family visitation; or

      (iv) the local school system is not meeting the child's educational needs.

(e) Case reviews; tabulation of results. --

   (1) The State Board shall tabulate and analyze the results of the case reviews and submit the results and findings for consideration as part of the local department self-assessment process in § 5-1309 of this title.

   (2) The State Board shall tabulate and analyze results of case reviews, both on a jurisdictional and a statewide basis, and submit the results and findings to the Department on a quarterly basis.

HISTORY: An. Code 1957, art. 88A, § 114, 119; 1984, ch. 296, § 2; 1998, chs. 539, 621; 2004, ch. 304; 2007, ch. 153; 2008, ch. 36; 2009, chs. 629, 630.