(a) The Department shall adopt regulations that set standards for juvenile detention facilities operated by the Department and by private agencies under contract with the Department.
(b) The standards shall reflect the following central purposes of juvenile detention:
(1) to protect the public;
(2) to provide a safe, humane, and caring environment for children; and
(3) to provide access to required services for children.
(c) The standards shall include provisions establishing:
(1) a policy that eliminates the unnecessary use of detention and that prioritizes diversion and appropriate nonsecure alternatives;
(2) criteria for the placement of a child in a particular juvenile detention facility;
(3) population limits for each juvenile detention facility that may not be exceeded except in emergency circumstances;
(4) a requirement that staffing ratios and levels of services be maintained during emergencies;
(5) specifications for the architectural structure of a juvenile detention facility;
(6) staff qualifications and training, including training in recognizing and reporting child abuse and neglect;
(7) the ratio of staff to children in a juvenile detention facility;
(8) the rights of children in a juvenile detention facility, including the right to privacy, visitors, telephone use, and mail delivery;
(9) prohibitions against the use of excessive force against a child;
(10) internal auditing and monitoring of programs and facilities in the juvenile services system; and
(11) prohibitions against the use of physical restraints on an individual known to be in the third trimester of pregnancy or during labor, delivery, or postpartum recovery, including during all transports, unless a facility superintendent or the facility superintendent’s designee determines that a physical restraint is necessary to protect the individual from harming herself or others or to prevent the individual’s escape from custody.
(d) The standards shall be consistent with this title and Title 3, Subtitle 8A of the Courts Article.
Structure Maryland Statutes
Subtitle 2 - Department of Juvenile Services
Part II - Facilities, Programs, and Services
Section 9-226 - State Facilities -- Establishment and Operation
Section 9-227 - State Facilities -- Management
Section 9-228 - State Facilities -- Bond Requests
Section 9-229 - State Facilities -- Baltimore City Juvenile Justice Center
Section 9-230 - State Facilities -- Advisory Boards
Section 9-231 - Group Homes and Institutions
Section 9-232 - Runaway Youth Homes
Section 9-233 - Youth Services Bureaus
Section 9-234 - Juvenile Care Facilities -- in General
Section 9-235 - Juvenile Care Facilities -- Child Care Homes
Section 9-236 - Juvenile Care Facilities -- Child Care Institutions
Section 9-237 - Juvenile Detention Facilities -- Standards
Section 9-238.1 - Programming for Regional Services
Section 9-239 - Nonsecure Placement Alternatives -- Standards
Section 9-240 - Step-Down Aftercare
Section 9-240.1 - Maryland Rising Program
Section 9-241 - Required Programs
Section 9-242 - Informational Programs
Section 9-243 - Relationship to Courts
Section 9-244 - Provision of Court Staff
Section 9-245 - Foster Parents -- Liability Insurance and Reimbursement