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State Statutes - Maryland - Article Department of Human Resources - (g88A) - Section 13A
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Section 13A

      (a)      It is the intent of the General Assembly that:

            (1)      The purpose of this section is to provide better integrated, more efficient, and accountable human services delivery within Montgomery County by the State and county governments; and

            (2)      Implementation of this section shall be cost-neutral to both the Montgomery County government and the State of Maryland.

      (b)      (1)      In Montgomery County, there is no local department of social services. In Montgomery County, State social service and public assistance programs administered by a local department shall be administered by the Montgomery County government.

            (2)      The grant agreement provided under subsection (c) of this section shall be provided in the same budget categories within the State budget as appropriations for other local departments of social services.

            (3)      Notwithstanding any other law, the proportion of State and federal funds to be paid in Fiscal Year 1997 to the Montgomery County government under this section relative to those funds provided by the Secretary to all local departments may not be less than the proportion of funds disbursed in Fiscal Year 1996 to the Montgomery County Department of Social Services.

            (4)      After Fiscal Year 1997, the amount of the grant to Montgomery County government shall be proportionally adjusted each year to:

                  (i)      Reflect changes in case loads, the number of children in poverty, and any other relevant cost factors agreed to by the parties; and

                  (ii)      Ensure that the grant is equitable in relation to funds provided to all local departments.

      (c)      The Secretary of Human Resources shall enter into a grant agreement with the Montgomery County government for administration in Montgomery County of programs administered by local departments elsewhere in the State. The grant agreement shall:

            (1)      Provide for payment to Montgomery County for costs to administer State programs, including salaries, overhead, general liability coverage, workers' compensation, and employee benefits, at State funding rates as provided in § 13(d) of this article, excluding amounts attributable to county salaries or benefits that exceed comparable State salaries or benefits; and

            (2)      Require that the State shall continue to provide for the payment of State accrued leave.

      (d)      The use and release of information concerning recipients of State social service and public assistance programs by the Montgomery County Department of Health and Human Services shall be governed by the confidentiality provisions of State law and regulations, including § 6 of this article and Article 49D, § 10 of the Code. The Montgomery County Department of Health and Human Services shall be treated as one agency for purposes of confidentiality provisions of State law and regulations.

      (e)      The administration of State programs by Montgomery County shall continue to be governed by State and federal regulations.

      (f)      (1)      The administration of State child welfare programs by Montgomery County shall be conducted in the same manner as the administration of the programs in other counties.

            (2)      The unit of the Montgomery County government that administers programs under paragraph (1) of this subsection is exempt from licensing requirements in the same manner as a local department of social services.

      (g)      (1)      The State shall pay any judgment awarded against Montgomery County or an employee of Montgomery County that arises out of a suit commenced or prosecuted in a court of the United States relating to the administration and implementation of State programs described in this section.

            (2)      The State may not pay a judgment awarded against a Montgomery County employee under this section if the employee performs an act or omission:

                  (i)      Outside the scope of employment; or

                  (ii)      With malice.

            (3)      This subsection may not be construed as a waiver of immunity under the Eleventh Amendment of the U.S. Constitution.

      (h)      The Secretary of Human Resources and the County Executive for Montgomery County shall consult with each other on at least a biennial basis to ensure that the objectives of the social service and public assistance programs administered by the Montgomery County government are consistent with the objectives of the State social service and public assistance programs.


 
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