(a) Each facility provided for in § 2-117 of this article shall operate
under the control and general management of the Department.
(b) Subject to the provisions of Title 3, Subtitles 8 and 8A of the Courts
Article, the Department shall:
(1) Adopt regulations that set:
(i) Policies for detention authorization, community detention, admission,
transfer, discharge, and aftercare supervision; and
(ii) Standards of care, including provisions to administer any early,
periodic screening diagnosis and treatment program that the Department
approves for establishment under Title 42, § 1396d(a)(4)(B) of the
United States Code and to treat appropriately any condition that the
screening reveals; and
(2) Order any needed changes in the policy, conduct, or management of a
State residential program to provide adequate care for the children and
adequate services to the courts.
(c) The Department shall adopt regulations applicable to residential
facilities it operates that:
(1) Prohibit the use of locked door seclusion and restraints as punishment,
and describe the circumstances under which locked door seclusion and
restraints may be used; and
(2) Prohibit abuse of a child.
(d) (1) The Department shall adopt a policy for addressing disciplinary actions
and grievances within its facilities.
(2) The policy shall:
(i) Require preparation of a written report of any disciplinary action
taken against a child or any grievance which shall be forwarded to the
administrative head of the facility;
(ii) Require the administrative head of each facility to review all reports
of disciplinary actions and grievances; and
(iii) Require the Department to forward in a timely manner all reports of
disciplinary actions, grievances, and grievance dispositions from each
facility to the Office of the Independent Juvenile Justice Monitor
under Article 49D of the Code.
(e) The Department shall develop within each facility special programs that
are designed to meet the particular needs of its population.
(f) Except as provided in § 22-308 of the Education Article, the
Department shall adopt regulations that require each State residential
program to provide:
(1) Year-round educational programs that are designed to meet the
particular needs of its population;
(2) Medical and mental health assessment services;
(3) Alcohol abuse and drug abuse assessment services;
(4) Either alcohol abuse and drug abuse referral services or an alcohol
abuse and drug abuse treatment program that has been certified in
accordance with the requirements of Title 8 of the Health - General
Article; and
(5) Programs that ensure a safe, humane, and caring environment.
(g) The Department shall cooperate with the Office of the Independent
Juvenile Justice Monitor established under Article 49D of the Code by:
(1) Providing the Office with access to all facilities, reports, and
records relating to individual youth upon request;
(2) Allowing the independent juvenile justice monitors to conduct
interviews with staff, youth, and any other individuals upon request;
and
(3) Submitting corrective action plans and incident reports to the Office
in response to findings and recommendations made by the independent
juvenile justice monitors regarding a facility.
(h) (1) The Department shall respond to requests for information pertaining to
a facility from an independent juvenile justice monitor within 30 days
of the date of the request.
(2) If the Department does not respond to a request for information, the
monitor may conduct a reasonable investigation relating to the original
request for information.
(i) The Department shall cooperate with the State Department of Education
to establish educational programs as required under Title 22, Subtitle
3 of the Education Article.
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