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*sb0402*
SENATE BILL 402
O4 (6lr1715)
ENROLLED BILL
— Education, Energy, and the Environment/Ways and Means —
Introduced by Senators Brooks, Benson, Harris, Salling, M. Washington, and West
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his appr oval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 requirements that operators of certain residential child care 4
programs enroll a child for whom they have legal custody or care and control in a 5
certain school and initiate and monitor the transfer of certain records of the child; 6
the maximum age for children in certain residential child care programs who receive 7
educational support; requiring operators of certain residential child care programs 8
to provide certain educational opportunities to the children for whom they have legal 9
custody or care and control; requiring that applicants to be child and youth care 10
practitioners undergo certain training; requiring an individual who has a certain 11
certification on a certain date to compl ete certain training before the individual’s 12
certificate is renewed; prohibiting an individual who holds a certificate as a 13
residential child and youth care practitioner from being required to complete certain 14
2 SENATE BILL 402
training under certain circumstances; and generally relating to residential child care 1
programs. 2
BY repealing and reenacting, with amendments, 3
Article – Education 4
Section 7–309 5
Annotated Code of Maryland 6
(2025 Replacement Volume and 2025 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Health Occupations 9
Section 20–302.1 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Human Services 14
Section 8–704(8), (10), and (11) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Education 20
7–309. 21
(a) (1) In this section, “residential child care program” means a program that: 22
(i) Provides care for children 24 hours a day within a structured set 23
of services and activities designed to achieve objectives related to the needs of the children 24
served; and 25
(ii) Is licensed by the Maryland Department of Health , the 26
Department of Human Services, or the Department of Juvenile Services. 27
(2) A “residential child care program” includes: 28
(i) Group homes; 29
(ii) Alternative living units; and 30
(iii) Emergency shelter care. 31
SENATE BILL 402 3
(b) Each licensed operator of a residential child care program who has legal 1
custody or care and control of a child who is at least 5 years old and under the age of 16 2
years and receives State funding as provided in § 5–526 of the Family Law Article: 3
(1) Shall enroll the child in the local school system where the residential 4
child care program is located unless the residential child care program operates an 5
approved educational program in accordance with the licensing regulations that govern the 6
residential child care program; 7
(2) Shall expeditiously initiate and monitor the transfer of the academic 8
records of a child in the operator’s care from the transferring school to [insure] ENSURE 9
that the academic records are transferred to the school that the chil d will be attending 10
while living in the operator’s care; 11
(3) (1) SHALL ENSURE THE CHIL D REMAINS ENROLLED I N THE 12
SCHOOL IN WHICH THE CHILD WAS PREVIOUSLY ENROLLED, UNLESS A 13
DETERMINATION IS MAD E BY A LOCAL DEPARTM ENT OF SOCIAL SERVIC ES THAT 14
REMAINING ENROLLED IS NOT IN THE CHILD’S BEST INTEREST, THEN: 15
(I) THE CHILD SHALL BE EN ROLLED IN THE LOCAL SCHOOL 16
SYSTEM WHERE THE RESIDENTIAL CHILD CARE PROGRAM IS LOCATED; OR 17
(II) IF THE RESIDENTIAL CH ILD CARE PROGRAM OPE RATES AN 18
APPROVED EDUCATIONAL PROGRAM IN ACCORDANCE WIT H THE LICENSING 19
REGULATIONS THAT GOV ERN RESIDENTIAL CHIL D CARE PROGRAMS , THE CHILD 20
SHALL BE ENROLLED IN THAT PROGRAM; 21
(2) (i) May request a meeting with the child’s teachers; [and] 22
(ii) Shall meet the child’s teachers at the time of enrollment and at 23
any other time the school or a teacher requests TO DETERMINE THE BES T WAYS TO 24
SUPPORT THE CHILD; and 25
(III) SHALL CONTACT THE CHI LD’S TEACHER WITH ANY 26
QUESTIONS ABOUT SCHOOL ASSIGNMENTS, THE CHILD’S BEHAVIOR AT SCHOOL, AND 27
EXTRACURRICULAR OPPORTUNITIES TO SUPPORT THE CHILD; 28
(4) (2) (3) Shall sign the child’s report card, [insure] ENSURE that the 29
report card is returned to school, and include a copy of the report card in the child’s case 30
record; AND 31
(5) (3) (4) SHALL ENSURE THAT THE CHILD IS PROVIDED: 32
(I) REGULARLY SCHEDULED TIME TO STUDY TO SUPPORT THE 33
CHILD’S ACADEMIC WORK; 34
4 SENATE BILL 402
(II) ASSISTANCE WITH HOMEW ORK ASSIGNMENTS , PROJECTS, 1
SKILLS PRACTICE, AND TEST PREPARATION IN ORDER TO REINFORCE EDUCATIONAL 2
CONCEPTS TAUGHT TO THE CHILD AND REINFORCE EDUCATION GOALS IDENTIFIED 3
IN THE CHILD’S INDIVIDUALIZED EDUCATION PROGRAM OR 504 PLAN; 4
(III) ENCOURAGEMENT AND SUP PORT FOR PARTICIPATI ON IN 5
EXTRACURRICULAR ACTIVITIES; AND 6
(IV) FOR A CHILD WITH AN I NDIVIDUALIZED EDUCAT ION 7
PROGRAM UNDER THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT 8
OR A 504 PLAN UNDER § 504 OF THE FEDERAL REHABILITATION ACT OF 1973, 9
APPLICABLE EDUCATIONAL GOALS TO COMPLETE WITHIN THE RESIDENTIAL CHILD 10
CARE PROGRAM THAT ARE CONSISTENT WITH THE CHILD’S PROGRAM OR PLAN; 11
(V) FOR A CHILD WITH A BE HAVIORAL INTERVENTIO N PLAN 12
UNDER SUBTITLE 11 OF THIS TITLE , BEHAVIORAL SUPPORTS AND GOALS THAT 13
REINFORCE THE GOALS OF THE CHILD’S PLAN IN THE SCHOOL SETTING; AND 14
(VI) (IV) FOR A CHILD WITH AN I NDIVIDUALIZED EDUCATION 15
PROGRAM UNDER THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT 16
OR A 504 PLAN UNDER § 504 OF THE FEDERAL REHABILITATION ACT OF 1973, 17
APPLICABLE EDUCATIONAL GOALS TO COMPLETE WITHIN THE RESIDENTIAL CHILD 18
CARE PROGRAM THAT ARE CONSISTENT WITH THE CHILD’S PROGRAM OR PLAN; 19
(V) FOR A CHILD WITH A BE HAVIORAL INTERVENTIO N PLAN 20
UNDER SUBTITLE 11 OF THIS TITLE , BEHAVIORAL SUPPORTS AND GOALS THAT 21
REINFORCE THE GOALS OF THE CHILD’S PLAN IN THE SCHOOL SETTING; AND 22
(VI) FOR CHILDREN DUALLY ENROLLED IN A HIGH SCHOOL AND 23
OR IN AN INSTITUTION OF HIGHER EDUCATION, ACCESS TO A COMPUTER IN ORDER 24
TO COMPLETE ASSIGNME NTS THAT REQUIRE COM PUTER SOFTWARE OR TH E 25
INTERNET. 26
Article – Health Occupations 27
20–302.1. 28
(a) To qualify for a certificate as a residential child and youth care practitioner, 29
an applicant shall be an individual who meets the requirements of this section. 30
(b) The applicant shall be of good moral character. 31
(c) The applicant shall have completed: 32
SENATE BILL 402 5
(1) A State and national criminal history records check; and 1
(2) Unless waived by the Board under § 20 –303(d) of this subtitle, a child 2
protective services background clearance. 3
(d) The applicant shall be: 4
(1) At least 21 years old; or 5
(2) At least 18 years old and have earned at least an associate’s or 6
bachelor’s degree from an accredited college or university. 7
(e) The applicant shall have: 8
(1) A high school diploma or equivalent and have successfully completed 9
an approved training program; and 10
(2) (i) At least 2 years’ experience in the human service field; or 11
(ii) An associate’s or bachelor’s degree from an accredited college or 12
university. 13
(f) (1) (I) Except as provided in paragraph (2) of this subsection, the 14
applicant shall have successfully completed a training program approved by the Board. 15
(II) THE BOARD’S PROGRAM SHALL INCLUDE TRAINING ON: 16
1. THE ROLE OF THE RESID ENTIAL CHILD AND YOU TH 17
CARE PRACTITIONER; 18
2. CHILD DEVELOPMENT; 19
3. CHILDREN WITH SPECIAL NEEDS DISABILITIES; 20
4. RECOGNIZING DIFFERENC ES IN PROCESSING 21
INFORMATION AND THE DIVERSE WAYS CHILDREN LEARN; 22
5. RECOGNIZING BEHAVIORS THAT IMPACT A CHILD ’S 23
ABILITY TO LEARN AND PRACTICE SOCIAL NORMS; 24
6. CHILD ABUSE AND NEGLE CT IDENTIFICATION AN D 25
REPORTING; 26
7. SUICIDE RISK ASSESSMENT AND PREVENTION; 27
6 SENATE BILL 402
8. APPROVED FORMS OF DIS CIPLINE AND BEHAVIORAL 1
MANAGEMENT TECHNIQUES, INCLUDING THE USE OF BEHAVIORAL INTERVENTION 2
PLANS UNDER TITLE 7, SUBTITLE 11 OF THE EDUCATION ARTICLE; 3
9. COMMUNICATION SKILLS; 4
10. PARENTING ISSUES , COLLABORATION WITH 5
FAMILIES, AND THE SUPPORT OF CHILDREN; 6
11. THE PSYCHOSOCIAL AND EMOTIONAL NEEDS OF 7
CHILDREN, FAMILIAL RELATIONSHIPS, AND THE IMPACT OF SEPARATION; 8
12. EMERGENCY PREPAREDNES S AND SAFETY 9
PRACTICES; 10
13. ANNUAL FIRST AID TRAIN ING, INCLUDING 11
CERTIFICATION IN CARDIOPULMONARY RESUSCITATION; 12
14. MEDICATION MANAGEMENT; 13
15. INFECTION CONTROL; AND 14
16. IF APPLICABLE , FOOD PREPARATION AND 15
NUTRITION. 16
(2) (i) An applicant who has an associate’s or bachelor’s degree from an 17
accredited college or university may be waived from the training program requirement, if 18
the applicant passes an examination and meets other requirements established by the 19
Board under this subtitle. 20
(ii) The Board shall establis h requirements and procedures for 21
waiving the training program requirement for an applicant under subparagraph (i) of this 22
paragraph. 23
(g) The applicant shall pass an examination given by the Board under this 24
subtitle. 25
(h) The Board shall waive the education, experience, training, and examination 26
requirements of this section for an applicant who: 27
(1) Applies for certification on or before October 1, 2015; and 28
SENATE BILL 402 7
(2) Presents to the Board satisfactory evidence that the applicant worked 1
as a residen tial child and youth care practitioner in the State for at least 2 years before 2
October 1, 2015. 3
Article – Human Services 4
8–704. 5
A contract awarded or renewed between an agency and a provider for a residential 6
child care program shall: 7
(8) require the provider to comply with § 7–309 of the Education Article; 8
(10) require the residential child care program to have certified residential 9
child and youth care practitioners, as required under § 20 –301 of the Health Occupations 10
Article; and 11
(11) require the residential child care program to have a certified program 12
administrator as required under § 20–301 of the Health Occupations Article. 13
SECTION 2. AND BE IT FURTHER ENACTED, That an individual who holds a 14
residential child and youth care practitioner certificate on July 1, 2026, shall complete the 15
training program under § 20–302.1 of the Health Occupations Article as enacted by Section 16
1 of this Act before the individual’s certificate is renewed under § 20 –310 of the Health 17
Occupations Article certificate as a residential child and youth care practitioner on July 1, 18
2026, may not be required to complete: 19
(1) any program of training required by § 20 –302.1 of the Health 20
Occupations Article, as enacted by Section 1 of this Act, that the individu al has already 21
completed; and 22
(2) any new program of training required by § 20 –302.1 of the Health 23
Occupations Article, as enacted by Section 1 of this Act, until the individual’s certificate is 24
due for renewal. 25
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
July 1, 2026 January 1, 2027. 27