§ 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.

HISTORY: 2008, ch. 454.