Md. Code Regs. 13A.08.07.02

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

Section 13A.08.07.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Child in State-Supervised Care.

(a) "Child in State-supervised care" means a child who is in the custody of, committed to, or otherwise placed by a placement agency.

(b) "Child in State-supervised care" does not mean a child at the Charles H. Hickey, Jr. School in Baltimore County who receives an educational program pursuant to Education Article, § 22-308, Annotated Code of Maryland.

(2) "Department" means the State Department of Education.

(3) "Education guardian" means the person or entity designated by the court as having educational decision-making authority for the child pursuant to Courts and Judicial Proceedings Article, 3-819(c)(1)(ii), Annotated Code of Maryland.

(4) "Noncollegiate educational institution" means a school or other institution that offers an educational program but is not an institution of postsecondary education, as defined in Education Article, § 10-101, Annotated Code of Maryland.

(5) "Notice" means that written, verbal, or other communication regarding the identification of a child in State-supervised care has been effectuated.

(6) Parent.

(a) "Parent" means:

(i) A child's natural parents;

(ii) A child's adoptive parents;

(iii) A guardian;

(iv) A person acting as a parent of a child such as a relative or a stepparent with whom the child lives;

(v) A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that has placed the child in foster care; or

(vi) Any other individual who is legally responsible for a child's welfare.

(b) "Parent" does not include a social worker or other employee of a public agency who is responsible for the education or care of the child.

(7) "Placement agency" means:

(a) A local department of social services;

(b) The Department of Health and Mental Hygiene;

(c) The Department of Juvenile Services; or

(d) A private agency that:

(i) Engages in the placement of children in homes or with individuals; and

(ii) Is licensed by the Social Services Administration under Family Law Article, § 5-507, Annotated Code of Maryland.

(8) "Placement or modification of a placement" means a change of the physical residence of a child in State-supervised care.

(9) "Receiving school" means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care is newly enrolled or seeks to enroll.

(10) "Sending school" means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State-supervised care was enrolled prior to enrolling or seeking to enroll in a receiving school.

Md. Code Regs. 13A.08.07.02

Regulation .02B amended effective June 2, 2008 (35:11 Md. R. 1042)