Residential Child Care Programs - Education of Children and Training of Child and Youth Care Practitioners

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0396*

HOUSE BILL 396
O4 (6lr1324)
ENROLLED BILL
— Ways and Means/Education, Energy, and the Environment —
Introduced by Delegates Pasteur, Acevero, Addison, Alston, Amprey, Boyce,
Conaway, Crutchfield, Ebersole, Embry, Forbes, Hill, Holmes, Lewis,
J. Long, Martinez, McCaskill, Mireku –North, Patterson, Phillips, Pruski,
Ruff, Schmidt, Simmons, Stein, Stinnett, Taveras, Toles, White Holland,
Williams, Wilson, Wims, and Young

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________
Speaker.

CHAPTER ______

AN ACT concerning 1

Residential Child Care Programs – Education of Children and Training of Child 2
and Youth Care Practitioners 3

FOR the purpose of repealing the maximum age for children in certain residential child 4
care programs who receive educational support; requiring operators of certain 5
residential child care programs to provide certain educational opportunities to the 6
children for whom they have legal custody or care and control; requiring that 7
applicants to be child and youth care practitioners undergo ce rtain training; 8
prohibiting an individual who holds a certificate as a residential child and youth care 9
practitioner from being required to complete certain training under certain 10
circumstances; and generally relating to residential child care programs. 11
2 HOUSE BILL 396

BY repealing and reenacting, with amendments, 1
Article – Education 2
Section 7–309 3
Annotated Code of Maryland 4
(2025 Replacement Volume and 2025 Supplement) 5

BY repealing and reenacting, with amendments, 6
Article – Health Occupations 7
Section 20–302.1 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, without amendments, 11
Article – Human Services 12
Section 8–704(8), (10), and (11) 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Education 18

7–309. 19

(a) (1) In this section, “residential child care program” means a program that: 20

(i) Provides care for children 24 hours a day within a structured set 21
of services and activities designed to achieve objectives related to the needs of the children 22
served; and 23

(ii) Is licensed by the Maryland Department of Health, the 24
Department of Human Services, or the Department of Juvenile Services. 25

(2) A “residential child care program” includes: 26

(i) Group homes; 27

(ii) Alternative living units; and 28

(iii) Emergency shelter care. 29

(b) Each licensed operator of a residential child care program who has legal 30
custody or care and control of a child who is at least 5 years old and under the age of 16 31
years and receives State funding as provided in § 5–526 of the Family Law Article: 32

HOUSE BILL 396 3

(1) Shall enroll the child in the local school system where the residential 1
child care program is located unless the residential child care program operates an 2
approved educational program in accordance with the licensing regulations that govern the 3
residential child care program ENSURE THE CHILD REM AINS ENROLLED IN THE 4
SCHOOL IN WHICH THE CHILD WAS PREVIOUSLY ENROLLED, UNLESS A 5
DETERMINATION IS MAD E BY A LOCAL DEPARTM ENT OF SOCIAL SERVIC ES THAT 6
REMAINING ENROLLED IS NOT IN THE CHILD’S BEST INTEREST, THEN: 7

(I) THE CHILD SHALL BE EN ROLLED IN THE LOCAL SCHOOL 8
SYSTEM WHERE THE RESIDENTIAL CHILD CARE PROGRAM IS LOCATED; OR 9

(II) IF THE RESIDENTIAL CHILD CARE PROGRAM OPERATES AN 10
APPROVED EDUCATIONAL PROGRAM IN ACCORDANC E WITH THE LICENSING 11
REGULATIONS THAT GOV ERN RESIDENTIAL CHIL D CARE PROGRAMS , THE CHILD 12
SHALL BE ENROLLED IN THAT PROGRAM; 13

(2) Shall expeditiously initiate and monitor the transfer of the academic 14
records of a child in the operator’s care from the transferring school to [insure] ENSURE 15
that the academic records are transferred to the school that the child will be attending 16
while living in the operator’s care; 17

(3) (i) May request a meeting with the child’s teachers; [and] 18

(ii) Shall meet the child’s teachers at the time of enrollm ent and at 19
any other time the school or a teacher requests TO DETERMINE THE BES T WAYS TO 20
SUPPORT THE CHILD; and 21

(III) SHALL CONTACT THE CHI LD’S TEACHER WITH ANY 22
QUESTIONS ABOUT SCHOOL ASSIGNMENTS, THE CHILD’S BEHAVIOR AT SCHOOL, AND 23
EXTRACURRICULAR OPPORTUNITIES TO SUPPORT THE CHILD; 24

(4) (3) Shall sign the child’s report card, [insure] ENSURE that the 25
report card is returned to school, and include a copy of the report card in the child’s case 26
record; AND 27

(5) (4) SHALL ENSURE THAT THE CHILD IS PROVIDED: 28

(I) REGULARLY SCHEDULED TIME TO STUDY TO SUPPORT THE 29
CHILD’S ACADEMIC WORK; 30

(II) ASSISTANCE WITH HOMEW ORK ASSIGNMENTS , PROJECTS, 31
SKILLS PRACTICE, AND TEST PREPARATION IN ORDER TO REINFORCE EDUCATIONAL 32
CONCEPTS TAUGHT TO THE CHILD; 33

4 HOUSE BILL 396

(III) ENCOURAGEMENT AND SUP PORT FOR PARTICIPATI ON IN 1
EXTRACURRICULAR ACTIVITIES; 2

(IV) FOR A CHILD WITH AN I NDIVIDUALIZED EDUCAT ION 3
PROGRAM UNDER THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT 4
OR A 504 PLAN UNDER § 504 OF THE FEDERAL REHABILITATION ACT OF 1973, 5
APPLICABLE EDUCATIONAL GOALS TO COMPLETE WITHIN THE RESIDENTIAL CHILD 6
CARE PROGRAM THAT ARE CONSISTENT WITH THE CHILD’S PROGRAM OR PLAN; 7

(V) FOR A CHILD WITH A BE HAVIORAL INTERVENTIO N PLAN 8
UNDER SUBTITLE 11 OF THIS TITLE , BEHAVIORAL SUPPOR TS AND GOALS THAT 9
REINFORCE THE GOALS OF THE CHILD’S PLAN IN THE SCHOOL SETTING; AND 10

(VI) FOR CHILDREN DUALLY ENROLLED IN A HIGH SCHOOL AND 11
OR AN INSTITUTION OF HIGHER EDUCATION, ACCESS TO A COMPUTER IN ORDER TO 12
COMPLETE ASSIGNMENTS THAT REQUIRE COMPUTER SOFTWARE OR THE INTERNET. 13

Article – Health Occupations 14

20–302.1. 15

(a) To qualify for a certificate as a residential child and youth care practitioner, 16
an applicant shall be an individual who meets the requirements of this section. 17

(b) The applicant shall be of good moral character. 18

(c) The applicant shall have completed: 19

(1) A State and national criminal history records check; and 20

(2) Unless waived by the Board under § 20 –303(d) of this subtitle, a child 21
protective services background clearance. 22

(d) The applicant shall be: 23

(1) At least 21 years old; or 24

(2) At least 18 years old and have earned at least an associate’s or 25
bachelor’s degree from an accredited college or university. 26

(e) The applicant shall have: 27

(1) A high school diploma or equivalent and have successfully completed 28
an approved training program; and 29

HOUSE BILL 396 5

(2) (i) At least 2 years’ experience in the human service field; or 1

(ii) An associate’s or bachelor’s degree from an accredited college or 2
university. 3

(f) (1) (I) Except as provided in paragraph (2) of this subsection, the 4
applicant shall have successfully completed a training program approved by the Board. 5

(II) THE BOARD’S PROGRAM SHALL INCLUDE TRAINING ON: 6

1. THE ROLE OF THE RESID ENTIAL CHILD AND YOU TH 7
CARE PRACTITIONER; 8

2. CHILD DEVELOPMENT; 9

3. CHILDREN WITH SPECIAL NEEDS DISABILITIES; 10

4. RECOGNIZING DIFFERENC ES IN PROCESSING 11
INFORMATION AND THE DIVERSE WAYS CHILDREN LEARN; 12

5. RECOGNIZING BEHAVIORS THAT IMPACT A CHILD ’S 13
ABILITY TO LEARN AND PRACTICE SOCIAL NORMS; 14

6. CHILD ABUSE AND NEGLE CT IDENTIFICATION AN D 15
REPORTING; 16

7. SUICIDE RISK ASSESSMENT AND PREVENTION; 17

8. APPROVED FORMS OF DIS CIPLINE AND BEHAVIORAL 18
MANAGEMENT TECHNIQUES, INCLUDING THE USE OF BEHAVIORAL INTERVENTION 19
PLANS UNDER TITLE 7, SUBTITLE 11 OF THE EDUCATION ARTICLE; 20

9. COMMUNICATION SKILLS; 21

10. PARENTING ISSUES , COLLABORATION WITH 22
FAMILIES, AND THE SUPPORT OF CHILDREN; 23

11. THE PSYCHOSOCIAL AND EMOTIONAL NEEDS OF 24
CHILDREN, FAMILIAL RELATIONSHIPS, AND THE IMPACT OF SEPARATION; 25

12. EMERGENCY PREPAREDNES S AND SAFETY 26
PRACTICES; 27

6 HOUSE BILL 396

13. ANNUAL FIRST AID TRAI NING, INCLUDING 1
CERTIFICATION IN CARDIOPULMONARY RESUSCITATION; 2

14. MEDICATION MANAGEMENT; 3

15. INFECTION CONTROL; AND 4

16. IF APPLICABLE , FOOD PREPARATION AND 5
NUTRITION. 6

(2) (i) An applicant who has an associate’s or bachelor’s degree from an 7
accredited college or university may be waived from the training program requirement, if 8
the applicant passes an examination and meets other requirements established by the 9
Board under this subtitle. 10

(ii) The Board shall establish requirements and procedures for 11
waiving the training program requirement for an applicant under subparagraph (i) of this 12
paragraph. 13

(g) The applicant shall pass an examination given by the Board under this 14
subtitle. 15

(h) The Board shall waive the education, experience, training, and examination 16
requirements of this section for an applicant who: 17

(1) Applies for certification on or before October 1, 2015; and 18

(2) Presents to the Board satisfactory evidence that the applicant worked 19
as a residential child and youth care practitioner in the State for at least 2 years before 20
October 1, 2015. 21

Article – Human Services 22

8–704. 23

A contract awarded or renewed between an agency and a provider for a residential 24
child care program shall: 25

(8) require the provider to comply with § 7–309 of the Education Article; 26

(10) require the residential child care program to have certified residential 27
child and youth care practitioners, as required under § 20 –301 of the Health Occupations 28
Article; and 29

(11) require the residential child care program to have a certified program 30
administrator as required under § 20–301 of the Health Occupations Article. 31
HOUSE BILL 396 7

SECTION 2. AND BE IT FURTHER ENACTED, That an individual who holds a 1
certificate as a residential child and youth care practitioner on July 1, 2026, may not be 2
required to complete: 3

(1) any program of training required by § 20 –302.1 of the Health 4
Occupations Article, as enacted by Section 1 of this Act, that the individual has already 5
completed; and 6

(2) any new program of training required by § 20 –302.1 of the Health 7
Occupations Article, as enacted by Section 1 of this Act, until the individual’s certificate is 8
due for renewal in accordance with § 20–310 of the Health Occupations Article. 9

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
July 1, 2026 January 1, 2027. 11

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.