Md. Admin. Order of 2022-09-29 (Maryland Foster Care Court Improvement Program)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER AS TO THE MARYLAND FOSTER CARE COURT

IMPROVEMENT PROGRAM

Whereas, the Maryland Judiciary recognizes that for children who have been

poorly nurtured or injured by their caregivers, society must provide interventions and

protections; and

Whereas, the Maryland Judiciary further recognizes that the preservation and

reformation of families, and the protection of children from abuse and neglect are

missions of the juvenile court; and

Whereas, the State Court Improvement Program (“CIP”) was created as a part

of the Omnibus Budget Reconciliation Act (“OBRA”) of 1993, Public Law 103-66,

which, among other things, provided federal funds to state child welfare agencies and

Indigenous tribes for preventative services and services to families at risk or in crisis;

and

Whereas, the OBRA designated a portion of these federal grants to the highest

courts of each state to conduct assessments of foster care and adoption laws and

judicial process, and to develop and implement improvement plans; and

Whereas, in 1994, the Maryland Foster Care Court Improvement Project

(“FCCIP”) received its initial grant and, through the FCCIP Advisory Committee

formed by the Chief Judge of the Court of Appeals, began an assessment; and

Whereas, in 1997, the FCCIP Advisory Committee published the results of its

assessment in a report entitled Improving Court Performance for Abused and

Neglected Children; and

Whereas, following completion of the assessment, the Chief Judge of the Court

of Appeals appointed juvenile court judge and magistrates, representing jurisdictions

throughout the State, to serve on the newly formed FCCIP Implementation Committee,

along with relevant child welfare stakeholders; and

Whereas, the FCCIP Implementation Committee established subcommittees to

assist in the implementation of the assessment recommendations; and

Whereas, the Foster Care Court Improvement Project is now named the Foster

Care Court Improvement Program (still “FCCIP”); and

Whereas, for several years, the FCCIP has continued to fulfill its obligation to

implement the assessment recommendations, and enhance its plan of improvement, as

appropriate, so that abused and neglected children before the juvenile court are

provided with safe and permanent homes as expeditiously as possible; and

Whereas, it is appropriate that an Administrative Order be issued to

memorialize the existence and functions of the FCCIP,

Now, therefore, I, Matthew J. Fader, Chief Judge of the Court of Appeals and

administrative head of the Judicial Branch, pursuant to the authority conferred by

Article IV, § 18 of the Maryland Constitution, do hereby order this 29th day of

September, 2022, effective immediately:

(1) Foster Care Court Improvement Program.

(A) Governance and Structure.

i. The FCCIP is responsible for implementing the recommendations

for court and foster care system improvement identified in its

initial and subsequent assessments of foster care and adoption

laws and judicial processes, in an effort toward court and foster

care system improvement.

ii. Pursuant to federal guidelines, a multi-disciplinary statewide task

force must be established to guide CIP activities. The FCCIP

Implementation Committee is now the FCCIP Subcommittee

under the Juvenile Law Committee of the Judicial Council and

will serve in this capacity as the governing body designated to

provide oversight to FCCIP activities.

iii. The FCCIP Subcommittee will be comprised of juvenile court

judges and magistrates representing jurisdictions throughout the

State; the Executive Director of the Maryland Social Services

Administration of the Department of Human Resources; and

representatives of other relevant child welfare stakeholders.

iv. The Chair of the FCCIP Subcommittee shall be appointed by the

Chair of the Juvenile Law Committee. All other members of the

FCCIP Subcommittee, with the exception of the Director of the

Social Services Administration, shall be appointed by the Chair of

the FCCIP Subcommittee. Appointment of the representatives

from other child welfare stakeholders shall be made after

consultation with the Secretary of the agency in question.

(B) Staff.

i. The Senior Manager, Policy and Law Unit shall serve as the

FCCIP Director who shall oversee its operations, as well as the

development of its programs and policies.

ii. FCCIP Director will be under the supervision of the Juvenile and

Family Services Director and collaborate with the FCCIP

Subcommittee Chair.

iii. All other FCCIP staff will be under the supervision of the /FCCIP

Director.

iv. All FCCIP staff will be Administrative Office of the Courts

personnel.

(2) Funding of the Foster Care Court Improvement Project.

(A) Basic Funding. Basic funds for the operation of the FCCIP shall

be allocated in the annual budget of the Administrative Office of

the Courts, Juvenile and Family Services, and the federal CIP

budget, as available.

(B) Federal CIP Funding. Federal CIP funding shall continue to be

requested to support the Judiciary’s ability to assess its role,

responsibilities, and effectiveness in improving the handling of

proceedings related to foster care and adoption.

(C) Additional Funding. As deemed appropriate, outside funding

sources shall be developed to support additional court-focused

child welfare initiatives.

(3) Functions.

(A) Purposes. The FCCIP shall continue to be designated and serve as

the Judiciary’s primary entity designated to address Children in

Need of Assistance (“CINA”) and related Termination of Parental

Rights (“TPR”)/Guardianship and Adoption matters. By

demonstrating meaningful, ongoing collaboration with the

Department of Human Resources and other relevant Executive

Branch agencies, FCCIP shall identify and work toward shared

goals and initiatives designed to increase the safety, permanency,

and well-being of children in the child welfare system.

(B) Duties. To carry out its purposes, the FCCIP shall:

i. Implement the findings and recommendations yielded from

independent program assessments for improving the juvenile

court in areas related to child abuse and neglect cases.

ii. The FCCIP Subcommittee Chair shall serve on the Juvenile Law

Committee. The Chair’s responsibilities shall include reporting to

the Juvenile Law Committee relevant activities and proposed

actions of the FCCIP Subcommittee and its workgroups;

encouraging feedback from the Juvenile Law Committee, its

respective subcommittees, and Juvenile and Family Services; and

reporting back to the FCCIP Subcommittee, or the appropriate

workgroups. The FCCIP Subcommittee Chair shall report to the

FCCIP Subcommittee relevant approvals, proposed actions of the

Juvenile Law Committee, and Juvenile and Family Services, as

they might relate to child welfare matters. The FCCIP

Subcommittee Chair shall encourage feedback from the FCCIP

Subcommittee, or the appropriate workgroup.

iii. Review, revise, and/or develop legislation relating to child

welfare matters to ensure compliance with federal statutes and

policies. Any proposed legislation regarding child welfare

proposed to be introduced as Judiciary legislation shall be

presented by the FCCIP Subcommittee directly to the Juvenile

Law Committee. Members of the FCCIP Subcommittee or its

Legislative Workgroup and members of the FCCIP staff, shall be

available to the Juvenile Law Committee and the Legislative

Committee of the Judicial Council to present any proposed FCCIP

legislation, address concerns, and/or answer questions. Testimony

before any committee of the General Assembly shall be given by

the Chair of the FCCIP Subcommittee, the Chair of the

Legislative Workgroup, or their designee, upon express

authorization of the Chief Judge of the Court of Appeals or the

Chair of the Legislative Committee.

iv. Provide various training opportunities to juvenile court judges and

magistrates by producing and hosting the annual multi-day

CANDO Judicial Conference, designed to train juvenile court

judges and magistrates.

v. Develop a foster care and dependency curriculum for newly

appointed juvenile court judges and magistrates, and track

curriculum completion.

vi. Present or sponsor an annual Judicial College course on CINA

and related TPR/Guardianship and Adoptions Matters.

vii. Maintain a listing of national and local training opportunities and

make such recommendations concerning attendance at trainings

by judges, magistrates, staff, and other such persons as may be

deemed appropriate by the FCCIP Subcommittee.

viii. Promote competent and effective representation of all parties in

child abuse and neglect cases, by providing training opportunities

to Maryland child welfare attorneys.

ix. Improve the quality of child welfare data and statistics through the

use of automation and uniformity of terminology and practice.

x. Maintain a “meaningful and ongoing collaboration” with the title

IV-B/IV-E agency and commit to participating in all stages of the

child program planning and improvement.

(C) Report. The FCCIP shall prepare and file an annual self-assessment report of the progress, challenges, and areas in need of

assistance during the preceding 12 months and an updated five-year FCCIP Strategic Plan with the U.S. Department of Health

and Human Services, Administration for Children and Families,

and with the Court of Appeals.

(D) Presentations. The FCCIP shall:

i. Make a presentation and/or provide a report of its activities,

proposed actions, and/or legislation, when requested, to the

Conference of County Administrative Judge and/or any Judicial

Council committee or entity impacted or otherwise affected by its

activities.

ii. Solicit and consider feedback generated by or resulting from any

such presentation.

iii. At the request of the Chief Judge of the Court of Appeals, report

to the Court of Appeals, the Judicial Council, or to any other

Judicial Council committee or entity on FCCIP activities,

decisions, and/or proposed legislation.

(4) The Administrative Order as to the Maryland Foster Care Court

Improvement Project filed June 7, 2012, is hereby rescinded.

/s/ Matthew Fader

Matthew Fader

Chief Judge

Court of Appeals of Maryland

Filed: September 29, 2022

Pursuant to Maryland Uniform Electronic Legal

Materials Act

(§§ 10-1601 et seq. of the State Government Article) this document is authentic.

/s/ Suzanne C. Johnson 2022-09-29 10:07-04:00

Suzanne C. Johnson

Clerk

Court of Appeals Suzanne C. Johnson, Clerk