Part M
Human Resources
Welfare
Since January 1995, Maryland's Temporary Cash Assistance (TCA) caseload has declined almost 65 percent. Strong economic growth and low unemployment rates, along with legislatively mandated efforts to assist welfare recipients in finding employment, have made the transition from welfare to work possible. The Job Skills Enhancement Pilot Program created in 1998, for example, continues to provide training to newly employed current and former TCA recipients, which fulfills the General Assembly's intent to "make work pay."
Since 1996's historic welfare reform legislation, Maryland continues to enhance services and benefits for families in need of public assistance. House Bill 1160 (passed) is an omnibus bill that continues the State's commitment to assist families receiving public assistance to become gainfully employed and to provide enhanced services in an efficient and effective manner. Expanding on previous legislation that encourages State agencies to hire individuals on public assistance, this bill requires the Department of Human Resources (DHR) and directors of local departments of social services to work with local governments to develop plans for the hiring of Family Investment Program participants by local governments. The bill eliminates the two-week delay in receiving cash assistance and opts out of a federal provision that denies welfare benefits and food stamps to individuals convicted of a felony involving the possession of a controlled dangerous substance. Resident custodial parents convicted of such a felony are now eligible, subject to testing, to receive cash assistance and food stamps. However, custodial parents will lose eligibility for these benefits for one year and will be required to undergo two years of drug testing, and treatment if appropriate, if convicted of a drug related felony while receiving benefits.
Because of the inability of DHR, the Department of Health and Mental Hygiene (DHMH), and managed care organizations to effectively implement the substance abuse screening process created by the General Assembly in 1997, House Bill 1160 alters the substance abuse screening process. The bill places an addictions specialist in every local department of social services to screen for substance abuse, and refer for treatment, when appropriate. Also, House Bill 1160 encourages a more effective and efficient social services workforce by developing six demonstration sites where local department Family Investment Program employees can earn pay incentives based on performance.
Programs for Low-Income Families
Senate Bill 514/House Bill 501 (both passed) establish a technical assistance program in the Department of Housing and Community Development (DHCD) to provide grants to low-income families for home-ownership opportunities through self-help rehabilitation and construction. Local jurisdictions and nonprofit organizations may apply for technical assistance grants, which must be used for assistance, training, and supervision on self-help construction activities and techniques and for project development. In support of project development, grants can be used for the preparation of plans for self-help housing, contracts for professional services, application for project funding, packaging households' applications for assistance, preparation of subdivision maps, review of engineering plans and specifications for construction and rehabilitation projects, and compliance with appropriate requirements of funding agencies and local governments.
House Bill 640 (failed) would have established a five-year Individual Development Account demonstration program under DHR to educate low-income working individuals in financial literacy. The program would have encouraged low-income families to establish savings accounts and invest in home ownership, vocational education, or starting a business. Senate Bill 412/House Bill 8 (both failed) would have required the Maryland Higher Education Commission to administer a program that provides funding for job training advance accounts to low-income families pursuing job training programs at community colleges.
Child Welfare
Substance Abuse Treatment Programs
There has been little coordination between the child welfare and drug treatment communities in Maryland. Yet, studies demonstrate that substance abuse is a key factor contributing to the abuse and neglect of children and the growing ranks of out-of-home placements. Senate Bill 671/House Bill 7 (both passed) integrate child welfare and substance abuse programs by providing the necessary link to ensure that appropriate substance abuse treatment is available to all parents of children entering foster care or at risk of out-of-home placement.
Provisions in the bills require the Secretaries of DHR and DHMH, in consultation with a broad range of child welfare professionals, to develop a statewide protocol for integrating child welfare and substance abuse treatment services before December 1, 2000. Senate Bill 671/House Bill 7 require the development of protocols placing qualified addictions specialists in all child welfare offices and assuring that parents are screened for substance abuse in all child abuse and neglect cases. Other aspects of the protocol include the following: (1) specifying the circumstances when a local department shall include in a child in need of assistance petition a request for court-ordered comprehensive drug and alcohol assessment and testing; (2) establishing procedures for notifying the local department of social services of the results of substance abuse assessment and testing; (3) notifying an at-risk parent of the availability of substance abuse treatment; and (4) ensuring routine consultation and reevaluation of progress in substance abuse treatment as each child welfare case proceeds. The bill also provides for cross-training for all child welfare and substance abuse treatment personnel and a plan for providing financial incentives for both child welfare and addictions personnel who achieve specified levels of expertise.
Staff-to-Caseload Reductions
In recent years the General Assembly has focused special attention on the increasing number of child welfare cases in the State. In 1998, legislation was passed to address the rising caseload-to-staff ratios for child welfare, which includes children in protective services, family preservation, foster care, and kinship care. Taking the first step in child welfare caseload reform, Chapter 544 of the Acts of 1998 limited child welfare staff positions to persons with specialized higher education credentials and required DHR to develop a plan to reduce the staff-to-caseload ratios for child welfare cases. The fiscal 2000 appropriation for DHR contained $14.1 million to implement the provisions of this legislation. Since that time, however, caseload-to-staff ratios have remained high.
Senate Bill 728/House Bill 903 (both failed) would have required the Governor to provide in the State budget additional positions of qualified caseworkers and casework supervisors necessary to attain certain specified caseload ratios in all jurisdictions, as recommended by a 1997 Child Welfare League of America Report. These caseload ratios would be phased in over a three-year period, fiscal 2002 through 2004. Although these two bills failed, budget language requires the Department of Human Resources and the Department of Budget and Management to submit a report to the budget committees on a plan for implementing the Child Welfare League recommended caseload-to-staff ratios by June 2003.
Assistance Card Programs
Senate Bill 50 (passed) repeals the mandate that the Department of Aging (DOA) administer a "Golden Age Card" Program. This is a voluntary assistance program for individuals who are at least 65 years old or disabled. The assistance often takes the form of a discount or similar benefit. The development of similar programs in the private sector has resulted in dwindling participation in the program.
The program was established in 1982 to promote recognition of the fixed income status of older or disabled adults and to encourage businesses to voluntarily offer discounts or other assistance with proof of age or disability. Under the program, the Secretary of Aging is required to issue a Golden Age Card on request to eligible individuals for a $1 fee. The DOA advises that approximately 52 Golden Age Cards are issued each year.
Senate Bill 50 requires the Office of Individuals with Disabilities (OID) to establish a "Disability Access Card" Program under which the director of the office would encourage voluntary programs to provide assistance to disabled residents who hold a Disability Access Card. The director may not charge a fee for the card, and based on DOA records, the OID is expected to receive no more than two requests per year for the "Disability Access Card".
Attendant Care Program
The Attendant Care Program provides support for the cost of attendant care for persons 18 to 64 years of age who have chronic or severe permanent physical disabilities. The service increases the ability of its clients to remain functional, self-sufficient, and avoid nursing home placement through assistance with bathing, clothing, feeding, and transportation. The Department of Human Resources (DHR) currently serves 51 people. Under current law, DHR may not use Attendant Care Program funds for administrative costs if the program is administered and operated by DHR. Senate Bill 151 (passed) deletes the restrictive language relating to administrative costs.
Guardianship
Legislation enacted in 1994 authorized directors of area agencies on aging, upon appointment by a court as guardian of the person of a disabled individual, to delegate responsibilities of guardianship to staff persons whose names and positions have been registered with the court. Legislation enacted in 1997 gave the same authority to directors of local departments of social services. Senate Bill 43 (passed) extends that authority to the Secretary of Aging.
The Disabled Elderly
Many of the State's disabled elderly are in assisted living or nursing home facilities. House Bill 634/Senate Bill 689 (passed) strengthens the State's regulation of nursing homes. It revises the current law that allows the Department of Health and Mental Hygiene to take corrective action where a potential for more than minimal or actual harm to a resident exists. Additional legislation requires nursing homes to establish and implement a quality assurance program - House Bill 747 (passed); creates an Oversight Committee on Quality of Care in Nursing Homes with public and private membership - House Bill 748/Senate Bill 698 (both passed); and alters inspection requirements for nursing home facilities House Bill 749/Senate Bill 688 (both passed).
House Bill 784/Senate Bill 794 (passed) expresses legislative intent that the Governor supplement the Medicaid reimbursement formula under the nursing service cost center in fiscal 2002 and 2003 to enable nursing homes to hire more nursing staff, increase salaries, and ultimately increase the number of direct care hours provided to nursing home residents. For a more detailed discussion of these and other relevant bills, see Section J-3, Health Care Facilities.
Judith P. Hoyer Early Child Care and Education Enhancement Program
Senate Bill 793/House Bill 1249 (both passed) establish the Judith P. Hoyer Early Child Care and Education Enhancement Program to promote school readiness through developing and expanding full-day early child care and education programs and family support services. For a more detailed discussion of Senate Bill 793/House Bill 1249, please see Part L - Education.
Judith P. Hoyer Blue Ribbon Commission on the Financing of Early Child Care and Education
In 1999, the average annual cost of child care for a child under the age of five was $6,112. As the demand for child care has grown and the costs have increased, there has been growing interest, at many levels, in finding creative financing sources. Senate Bill 869/House Bill 1284 (both passed) establish a 25-member Judith P. Hoyer Blue Ribbon Commission on the Financing of Early Child Care and Education. The purpose of the commission is to study the costs and availability of funding for early child care.
The commission shall submit to the Governor and the General Assembly an interim report by December 31, 2000, and a final report by December 31, 2001. For a more detailed discussion of Senate Bill 869/House Bill 1284, please see Part L - Education.
Child and Dependent Care Tax Credits
Senate Bill 335 (passed) increases both the maximum income levels for purposes of determining eligibility for the tax credit for qualifying child and dependent care expenses credit, and the amount of the credit, beginning in the year 2001. For a more detailed discussion of Senate Bill 335, please see Part B - Taxes.
Family Law - Child Support Guidelines
The Maryland Child Support Guidelines were enacted in 1989 as an emergency measure that was advisory only. In response to subsequent federal legislation which required the states to adopt presumptive child support guidelines, the General Assembly enacted legislation in 1990 making application of the guidelines mandatory rather than discretionary. The 1990 Act also established a rebuttable presumption that the amount of support resulting from the application of the guidelines is the correct amount to be awarded. The presumption may be rebutted by evidence of an unjust or inappropriate application of the guidelines in a particular case. A recent Court of Special Appeals decision, Dunlap v. Fiorenza, 128 Md. App. 357 (1999), held that when determining whether application of the guidelines would be unjust or inappropriate, one of the factors that a court may consider is the presence of other children in the household of either parent to whom that parent owes support.
House Bill 396 (passed) clarifies the Dunlap decision by providing that when making a determination of whether the court's guidelines may be rebutted as unjust or inappropriate in a child support award case, a court must not base a rebuttal decision solely on either parent's duty to support other children in the household. The bill only applies to those cases filed on or after the bill's October 1, 2000, effective date. For a more detailed discussion of House Bill 396, please see Part F - Courts and Civil Proceedings.
Family Day Care Providers
The Family Day Care Provider Direct Grant Program was first established as a pilot program in 1991, to aid family day care providers in meeting the costs associated with being registered by the State. The program was reestablished in 1994 and again in 1997. The program seeks to encourage day care providers to register with the Child Care Administration and discourage delinquent providers from operating illegally. Senate Bill 65 (passed) removes the sunset provision from the Family Day Care Provider Direct Grant Fund Program within the Department of Human Resources and continues the program indefinitely.
Advisory Council on Attention Deficit Hyperactivity Disorder
Attention Deficit Hyperactivity Disorder (ADHD) is a disorder characterized by behavior and attention difficulties that are exhibited in multiple settings, but most prominently in the classroom. The disorder begins in childhood, is identified by difficulty in paying attention, hyperactivity, and impulsiveness, and has been treated using pharmaceuticals such as methylphenidate. In 1997, the General Assembly established the Task Force to Study the Uses of Methylphenidate and Other Drugs on School Children. The task force submitted its final report in March 1999, and made several recommendations for the educational and medical communities and support of families.
Senate Bill 742/House Bill 694 (both passed) establish a 25-member Advisory Council on Attention Deficit Hyperactivity Disorder to ensure the development of guidelines and uniform principles regarding the diagnosis and treatment of ADHD and to promote greater understanding among parents, the medical community, and schools to effectively address this disorder. The advisory council must submit an annual report of its findings and recommendations to the Governor and the General Assembly. The Office of Children, Youth, and Families shall coordinate the staffing of the advisory council and execute a Memorandum of Understanding among the office, the Department of Health and Mental Hygiene (DHMH), and the Maryland State Department of Education (MSDE), to determine whether DHMH or MSDE should provide staffing for the advisory council.
Task Force on the Licensing and Monitoring of Community-Based Homes for Children
Under current law, residential child care facilities and programs are licensed and regulated by a number of different State agencies. Senate Bill 394 (failed) would have established a 15-member task force to evaluate the licensing and monitoring of residential child care programs, licensed by the Departments of Human Resources, Juvenile Justice, and Health and Mental Hygiene. The task force would have been required to make recommendations for improving facility oversight and for eliciting and responding to citizen concerns about the facilities.
Maryland Youthbuild
Senate Bill 517/House Bill 1182 (both failed) would have established the Youthbuild Program, which was intended to encourage unemployed young adults to rebuild their communities and their lives through a commitment to work, education, responsibility, and family. The program would have granted funds to: (1) provide education, job training, counseling services, and leadership development training to program participants; and (2) construct and rehabilitate housing for disadvantaged persons. Program participants would have been eligible for a training stipend for the time spent at a worksite in construction training. Individuals would have had to participate in a youthbuild program for at least six months, but no longer than two years. Grantees would also have been required to assist graduates of youthbuild programs to find permanent employment.