§ 10-923. Placement of child or adolescent in private therapeutic group home

   (a) Applications -- Who may apply. -- Application for placement of a child or adolescent in a private therapeutic group home may be made under this section by:

   (1) An individual who is 16 years old or older;

   (2) A parent or guardian on behalf of the child or adolescent;

   (3) With the consent of the parent or guardian of the child or adolescent, a psychiatrist or psychologist who treats the child or adolescent;

   (4) On behalf of a child or adolescent, a local department of social services that has custody or guardianship of the child or adolescent under § 3-819 of the Courts Article;

   (5) The Department of Education or the local education agency with the consent of a parent or guardian;

   (6) On behalf of a child or adolescent, the Department of Juvenile Services when the Department has custody or guardianship of the child or adolescent under § 3-819 of the Courts Article; or

   (7) The circuit court of a county sitting as the juvenile court.

(b) Applications -- Contents. -- The applicant shall submit a formal, written application to the Director that contains the personal information and is on the form required by the Administration.

(c) Qualifications for acceptance. -- A private therapeutic group home may not accept an individual under this section unless:

   (1) The individual is under the age of 18 years;

   (2) The individual has a mental disorder;

   (3) The individual, because of the mental disorder, requires residential services not available in the home;

   (4) The individual needs 24-hour supervision in a structured private therapeutic group home;

   (5) The individual is or should be receiving treatment for the mental disorder; and

   (6) There is no less restrictive form of treatment that is consistent with the welfare and safety of the child or adolescent.

(d) Determinations for placement. -- Within 60 days after the Director receives an application for placement of a child or adolescent in a private therapeutic group home, the Director or the county health officer shall:

   (1) Determine whether the child or adolescent meets the requirements for placement under this section; and

   (2) If so:

      (i) Approve the application for placement in a private therapeutic group home; and

      (ii) Determine the date of placement in a private therapeutic group home in accordance with the plan submitted under § 10-925 of this subtitle.

HISTORY: 1984, chs. 377, 477; 1987, ch. 290, § 1; 1989, ch. 539, § 7; 1995, ch. 8, § 4; 2001, ch. 414; ch. 415, § 6; 2003, ch. 53, § 6; 2009, ch. 656, § 1.