SB 592
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 592 (Senators Zucker and Kelley)
Judicial Proceedings Appropriations
State Child Welfare System - Reporting
This bill alters the information the Department of Human Services (DHS) must report to
the General Assembly and publish on the DHS website regarding children and foster youth
in the State child welfare system. The Maryland State Department of Education (MSDE)
must report specified information regarding children and foster youth to the General
Assembly and DHS by December 1 each year. These reporting requirements may not be
construed to affect any other reporting required by DHS or MSDE.
Fiscal Summary
State Effect: General fund expenditures increase by $96,500 in FY 2022 to hire additional
personnel and alter existing data collection systems, as discussed below. Future year
expenditures reflect annualization and elimination of one-time costs. Revenues are not
affected.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 96,500 53,000 54,500 56,500 58,600
Net Effect ($96,500) ($53,000) ($54,500) ($56,500) ($58,600)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: None.
Small Business Effect: None.
Analysis
Bill Summary: Under the bill, DHS must report the (1) incidences of abuse or neglect of
a child who, in the immediately preceding 24 months, was not removed from their home
following an investigation that found indicated or unsubstantiated abuse or neglect; (2) the
number of children in the custody of a local department or child placement agency who
have a sibling in the custody of a different local department of child placement agency;
(3) the health and mental health care provided, as designated; (4) the number of children
not enrolled in school for more than one week immediately following a change in
placement; and (5) the number of children in an institution of postsecondary education,
apprenticeship, or adult education program. The bill removes the requirement that DHS
report the number of foster youth receiving in-home services.
Regarding children and foster youth in the State child welfare system, MSDE must report
the (1) stability of school placements; (2) number of children with individualized education
plans; (3) number of children with a plan under § 504 of the Federal Rehabilitation Act for
students with disabilities; (4) number of children who have been retained a grade;
(5) number of children who graduate from high school; (6) dropout rates; (7) number of
children who are truant students; (8) rates of absenteeism; (9) rates of suspension; (10) rates
of expulsion; and (11) number of school-based arrests.
MSDE is required to publish each annual report on its website and maintain the
confidentiality of children and foster youth, ensuring that no personally identifiable
information is disclosed. MSDE must disaggregate the information by county, age, gender,
race, and ethnicity.
Current Law: DHS, through its Social Services Administration, has the primary
responsibility for child welfare services throughout the State, which are provided primarily
by the local departments of social services. These services support the healthy development
of families, assist families and children in need, and protect abused and neglected children.
Programs include foster care, family preservations, adoption, child protective services, and
family reunification.
A foster youth is an individual who is an adult in out-of-home care under the responsibility
of the State or is an adult younger than age 25 and was in out-of-home care under the
responsibility of the State on the individual’s 18th birthday. An out-of-home placement
may include family foster care, group and residential care, kinship care, and treatment
foster care.
DHS is required to establish a program of out-of-home placement for minor children
(1) who are placed in the custody of a local department, for a period of up to 180 days, by
a parent or legal guardian under a voluntary placement agreement; (2) who are abused,
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abandoned, neglected, or dependent, if a juvenile court has determined that continued
residence in the child’s home is contrary to the child’s welfare and has committed the child
to the custody or guardianship of a local department; or (3) who, with the approval of DHS,
are placed in an out-of-home placement by a local department under a voluntary placement
agreement regarding a child with a developmental disability or a mental illness, as
specified.
Child Welfare Performance Indicators Report
Chapter 366 of 2015 required DHS, by December 1 of each year, to report specified
information regarding children and foster youth in the State child welfare system and
publish each report on its website. DHR must maintain the confidentiality of children and
foster youth and ensure that no personally identifiable information is disclosed. DHR must
disaggregate the information by county, age, gender, race, and ethnicity.
DHS must report (1) the number of child abuse and neglect reports, alternative responses,
investigative responses, and findings for completed investigations; (2) the number of
children and foster youth receiving in-home services; (3) the number of new out-of-home
placements by placement type; (4) the number of exits from the child welfare system by
exit type; (5) the number of exits to reunification and reentries within 12 months after exit;
(6) the number of exits to reunification and reentries within 24 months after exit; (7) the
stability of out-of-home placements, including the number of placement changes; (8) the
stability of school placements; (9) the number who graduate from high school; (10) the
number who qualify for a high school diploma by examination; and (11) the number who
receive tuition waivers. The December 2020 report can be found here.
State Expenditures: General fund expenditures increase by $96,529 in fiscal 2022 that
accounts for the bill’s October 1, 2021 effective date. This estimate reflects the cost of
hiring one education program specialist to manage the acquisition of data regarding
children in the State child welfare system as required under the bill (data regarding children
in foster care is generally already collected), provide technical support to local school
systems and MSDE staff to ensure quality of the data collected, and summarize findings
for the required reports. It includes a salary, fringe benefits, one-time start-up costs,
one-time contractual services to alter data collection systems, and ongoing operating
expenses.
Position 0.5
Salary and Fringe Benefits $41,193
One-time Contractual Services 50,000
Operating Expenses 5,336
Total FY 2022 State Expenditures $96,529
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Future year expenditures reflect a full salary with annual increases and employee turnover
and ongoing operating expenses.
MDSE advises that contractual services will be required to make changes to their current
data collection systems to support the collection, maintenance, and protection of the data
required under the bill. Although MSDE collects information regarding children in foster
care, the data is not necessarily aggregated as specified. These services will cost
approximately $50,000 in fiscal 2022 only.
Additional Comments: Although the bill requires both DHS and MSDE to report
specified information regarding children and foster youth in the State child welfare system,
“child welfare system” is not defined. Additionally, MSDE currently reports certain
information regarding children in foster care on the Maryland Report Card.
Additional Information
Prior Introductions: HB 986 of 2020 passed in the House but received no further action
from the Senate Judicial Proceedings Committee. Its cross file, SB 662, received a hearing
in the Senate Judicial Proceedings Committee, but no further action was taken.
Designated Cross File: HB 258 (Delegate Guyton) - Appropriations.
Information Source(s): Maryland State Department of Education; Department of Human
Services; Department of Legislative Services
Fiscal Note History: First Reader - February 1, 2021
rh/jc Third Reader – March 31, 2021
Revised - Amendment(s) - March 31, 2021
Analysis by: Amberly Holcomb Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 592/ Page 4

Statutes affected:
Text - First - State Child Welfare System - Reporting: 51-312 Family Law
Text - Third - State Child Welfare System - Reporting: 51-312 Family Law