§ 8-704. Contracts for residential child care programs (Amendment effective October 1, 2015.)

   A contract awarded or renewed between an agency and a provider for a residential child care program shall:

   (1) require the provider to fulfill the licensing requirements under § 5-507 through 5-509 of the Family Law Article or § 9-235 through 9-237 of this article;

   (2) include the following provisions:

      (i) a description of the services the provider is required to provide;

      (ii) an explanation from the provider of how the program will further the objectives of the Plan under § 8-703(b) of this subtitle; and

      (iii) any other provision the contracting agency considers necessary;

   (3) require the provider to report to the contracting agency in writing within 24 hours after a critical incident, as defined in regulation, involving a child in the provider's care;

   (4) include a plan for the residential child care program's interaction with the surrounding community, including a mechanism for responding to complaints;

   (5) require the provider to report to the contracting agency community complaints that the residential child care program receives and the resolution of each complaint within 10 days after the complaint is received;

   (6) require that the residential child care program provide health care services under § 5-533 of the Family Law Article;

   (7) require the provider to maintain health care records during the placement of a child in the residential child care program, including:

      (i) health insurance information;

      (ii) powers of attorney, if applicable;

      (iii) a history of primary and preventive care and any arrangements made for continuing care;

      (iv) a history of the health care provided for behavioral, mental, or substance abuse disorders and any arrangements made for continuing care; and

      (v) documentation of doctor and dentist visits;

   (8) require the provider to comply with § 7-309 of the Education Article;

   (9) require an annual financial disclosure, including:

      (i) a certified financial audit of revenues and expenditures prepared by a licensed accountant;

      (ii) a certified financial audit prepared by a licensed accountant that compares actual revenues and expenditures to the budget submitted to the interagency rates committee for the purpose of determining the program's rate; and

      (iii) a statement identifying any interest that the provider or an employee of the provider has with a business or entity that accounts for 5% or more of the program's expenditures;

   (10) require the provider and the employees of the provider who have direct contact with children in the residential child care program to be at least 21 years of age; and

   (11) require the residential child care program to have a certified program administrator as required under § 20-301 of the Health Occupations Article.

2012, ch. 312, § 2; ch. 313, § 2.