Md. Code Regs. 07.02.16.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.16.13 - Redetermination and Termination

A. The local department of social services shall:

(1) Review the service plan and the effectiveness of the service given;

(2) Decide whether to continue the service at least every 6 months; and

(3) Decide whether to extend voluntary service beyond the initial 6 months. Extension of service is permissible with supervisory approval and specific documentation of the need to extend the service and if the criteria for termination are not met, as listed in §B of this regulation.

B. The local department of social services shall terminate services for any recipient of Adult Protective Services when:

(1) The goals and objectives outlined in the service plan have been attained and the adult is not at risk;

(2) The adult's service needs are not protective in nature and can be met by another local department program or a community service;

(3) The adult decides to terminate and the local department determines that there is neither sufficient risk nor evidence of incapacity to warrant court action;

(4) The adult refuses voluntary services and the court dismisses a petition to provide services or to appoint a guardian of the person;

(5) The court revokes a guardianship and the adult refuses voluntary services; or

(6) The court appoints as guardian another agency or individual and that guardian does not wish the local department to continue services.

C. Services provided without a court order may be terminated if a recipient has moved from the local department of social services jurisdiction or is placed in a Department of Health and Mental Hygiene facility for a period exceeding 30 days.

D. Local Department.

(1) The local department may request termination of its status as guardian when the circumstances or capacity of the adult changes so that the local department determines that guardianship is no longer necessary.

(2) The local department may not justify termination of guardianship solely because a disabled adult has been placed in a licensed and regulated facility which assures the adult's needs are met (including a nursing home or State mental hospital) until the placement has continued for at least 6 months.

E. Written Notice.

(1) The local department of social services shall send a written notice of its intent to deny, reduce, suspend, or terminate services at least 10 working days before the action is taken.

(2) The notice shall include:

(a) The action to be taken;

(b) The reason for the action;

(c) The specific regulation supporting this action; and

(d) The right to and method for an appeal for a fair hearing.

Md. Code Regs. 07.02.16.13

Regulation .13D, E amended effective July 28, 2008 (35:15 Md. R. 1347)