Md. Code Regs. 10.57.05.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.57.05.06 - Sanctions

A. A certified residential child care program administrator or certified residential child and youth care practitioner is subject to sanctions if the certified residential child care program administrator or certified residential child and youth care practitioner:

(1) Has engaged in sexual misconduct with a client or supervisee;

(2) Has engaged in sexual behavior that would be considered unethical or unprofessional according to the professional standards of conduct, including but not limited to:

(a) Sexual behavior or knowledge of sexual behavior with a client placed in the residential child care program;

(b) Solicitation of a sexual relationship with a client placed in the residential child care program;

(c) Sexual advances, requesting sexual favors, or both;

(d) A verbal comment of a sexual nature;

(e) Physical contact of a sexual nature with a client placed in the residential child care program;

(f) Discussion of unnecessary sexual matters with a client placed in the residential child care program;

(g) Direct or indirect observation of a client while the client is undressing or dressing;

(h) The taking of photographs of a client placed in the residential child care program for a sexual purpose;

(i) Sexual harassment of staff, students, or volunteers;

(j) Sexual contact with a client placed in the residential child care program; or

(k) Offering to provide services, such as drugs, in exchange for sexual favors;

(3) Has violated any of the provisions of the:

(a) Law pertaining to the certification of residential child care program administrators or residential child and youth care practitioners; or

(b) Regulations of the Board pertaining to the certification of residential child care program administrators or residential child and youth care practitioners;

(4) Has violated any of the provisions of the law or regulations of the certification, supervising authority, or agency of the State or political subdivision of the State having jurisdiction of the operation, licensure, or certification of residential child care programs;

(5) Is professionally, physically, or mentally incompetent to act as a residential child care program administrator or residential child and youth care practitioner;

(6) Has practiced fraud, deceit, or misrepresentation in the capacity as a residential child care program administrator or residential child and youth care practitioner;

(7) Has wrongfully transferred or surrendered possession, either temporarily or permanently, of their certificate card to any other individual;

(8) Has used fraudulent, misleading, or deceptive advertising;

(9) Has endangered or sanctioned the endangerment of the safety, health, and life of any client;

(10) Has willfully permitted unauthorized disclosure of information relating to a client's records;

(11) Has discriminated in respect to clients placed in the residential child care program, employees, or staff on account of race, religion, color, national origin, disability, gender, sexual orientation, or any other area that the Board deems inappropriate; or

(12) Has practiced as a residential child care program administrator or residential child and youth care practitioner without holding a certificate to practice in the State.

B. A sanction constitutes the minimum disciplinary measure and does not preclude the Board from imposing additional penalties as it deems appropriate to an individual case.

C. The Board shall advise all applicable licensing authorities of the suspension or revocation of a certificate on the grounds of sexual misconduct.

D. The certified residential child care program administrator or certified residential child and youth care practitioner may not prohibit the client from reporting sexual misconduct as a condition of settlement of a legal cause of action.

E. The Board may deny certification to any applicant, suspend or revoke a certification of a residential child care program administrator or a residential child and youth care practitioner, or reprimand or otherwise discipline a residential child care program administrator or a residential child and youth care practitioner after due notice and an opportunity to be heard at a formal hearing, upon evidence that the applicant, child care program administrator, or residential child and youth care practitioner has violated this chapter.

Md. Code Regs. 10.57.05.06