Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.07 - Therapeutic Group Homes
Section 10.21.07.09 - Eligibility, Application, and Admission
Universal Citation: MD Code Reg 10.21.07.09
Current through Register Vol. 51, No. 19, September 20, 2024
A. Eligibility.
(1) A child is eligible for admission to a
TGH if:
(a) The child:
(i) Has a mental disorder,
(ii) Is or should be receiving treatment for
the mental disorder,
(iii) Because
of the mental disorder, requires residential services not available in the
home,
(iv) Needs 24-hour
supervision in a structured private group home,
(v) Has the ability to understand and states,
in writing, a willingness to comply with the rules and regulations of the TGH,
and
(vi) Has the ability to act
appropriately under emergency conditions; and
(b) There is no less restrictive form of
treatment that is consistent with the welfare and safety of the
child.
(2) A TGH may not
admit or retain as a resident a child if the child:
(a) Has a primary diagnosis of alcoholism,
drug addiction, or severe brain damage;
(b) Shows current violent or antisocial
behavior; or
(c) Has cognitive
deficits that severely limit the child's ability to benefit from the treatment
modalities provided.
B. Application for Admission. An applicant to a TGH shall use an application form which outlines the following requirements:
(1) Identifying data, including but not
limited to:
(a) Name, date of birth, sex,
legal domicile, and current residence of the child,
(b) Names, addresses, and telephone numbers
of persons or agencies having legal care or custody of the child, and
(c) Documentation of the child's custody
status, including, if relevant, documentation of agreements regarding
responsiblitiy for financial support and health care;
(2) Authorization to release information
signed by the child's parent or guardian;
(3) Based on clinical evaluation by an
individual authorized, under Health Occupations Article, Annotated Code of
Maryland, to formulate a psychiatric diagnosis, a statement including:
(a) The psychiatric diagnosis and the
rationale for the diagnosis,
(b) An
explanation of why the child would benefit from the treatment and related
services provided in and by a TGH,
(c) The treatment goals for the child, if TGH
placement occurs, and
(d)
Documentation that the child meets the eligibility criteria outlined in §A
of this regulation;
(4)
A recent history of the child's:
(a) Mental
health treatment, including relevant psychiatric and psychological
evaluations,
(b) Family
status,
(c) Education, including
documentation of a handicapping condition, if any, and
(d) Involvement, if any, with community
agencies;
(5) Relevant
medical records; and
(6) Unless the
child has a guardian that is a State agency, a written and signed statement
that, at the time of application for admission, the child's parent or guardian:
(a) Agrees to the placement,
(b) Agrees to the rules and regulations of
the TGH, and
(c) Enters into an
agreement regarding the responsibility for payment for the child's medical and
mental health care.
C. Admissions Procedures.
(1) An applicant for admission of a child to
a TGH shall:
(a) Submit an application for
admission, as described in §B of this regulation, to the TGH chief
executive officer; and
(b) Forward
copies of the application to the Administration and the CSA, if the
jurisdiction in which the child's parent or guardian resides is served by a
CSA.
(2) On receipt of
an application for admission to the TGH, the TGH chief executive officer, in
collaboration with appropriate TGH mental health professional staff, may
conduct a pre-admission interview with:
(a)
The applicant for admission to a TGH;
(b) If other than the applicant, the:
(i) Child,
(ii) Child's parent or guardian, or
(iii) Referring agency; and
(c) As appropriate, past or
current providers of the following services:
(i) Educational,
(ii) Social, and
(iii) Mental health treatment.
(3) Within 2 weeks of
receipt of an application for admission, the TGH chief executive officer shall:
(a) In consultation with clinical and
residential staff at the TGH and based on the eligibility criteria outlined
under §A of this regulation, determine whether the TGH is the appropriate
setting for the child;
(b) Notify
the applicant of the determination;
(c) If the determination is that the TGH is
not appropriate for the child, notify the applicant of:
(i) The reason for the determination,
and
(ii) A recommendation regarding
the appropriate level of care; and
(d) Notify the appropriate CSA director and
the Administration of the determination.
(4) If the TGH chief executive officer
approves the application for admission, the chief executive officer shall give
to the applicant written notice of:
(a) If a
bed is available, the date of admission to the TGH; or
(b) If a bed is not available within the
following 21 days:
(i) The child's position on
the TGH's waiting list,
(ii) The
process for reviewing the child's waiting list status, and
(iii) Information about appropriate placement
alternatives.
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