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    FAQ: Acting Capacity Approval

    1. What happens if the Certified Residential Child Care Program Administrator leaves the residential child care program?

      If a Certified Residential Child Care Program Administrator leaves or is removed from a position as program administrator by death or for any other unexpected cause, the Board of Directors of the residential child care program must immediately designate a Certified Residential Child Care Program Administrator to serve in that capacity.

      In the event a Certified Residential Child Care Program Administrator is not available, the Board of Directors of a residential child care program may appoint a non-certified person to serve in the capacity of program administrator. Acting Capacity approval from the State Board is required when the Board of Directors of a residential child care program takes such action.

    2. What are the requirements for Acting Capacity Approval?

      Individuals applying for Acting Capacity Approval must meet the minimum requirement set forth in COMAR 10.57.02. Individuals with a bachelor’s degree from an accredited college or university must have at least 4 years experience in a human service field with at least 3 years experience in a supervisory or administrative capacity. Individuals with a master’s degree from an accredited college or university must have at least 2 years experience in a human service field with at least 1 year experience in a supervisory or administrative capacity.

      Human service experience is defined in COMAR 10.57.01 B(15) as having experience as a human service professional as defined in COMAR; serving children detained, committed, or under the jurisdiction of the Department of Juvenile Services; or, serving children in a residential child care program under the jurisdiction of the Department of Human Resources or the Department of Health and Mental Hygiene.

      Supervisory or administrative capacity is defined in COMAR 10.57.01 B(31) as having the responsibility for implementing the operation of a program(s) and supervising at least 1 member of staff as described in COMAR B. This includes the responsibility for hiring, assigning duties, disciplining and rewarding, approving leave requests, and formally evaluating.

      Experience must be obtained within the last 10 years and substantiated by a professional reference. Experience in the following settings does not count towards the supervisory or administrative experience requirements: (1) child-placing agency; (2) child-placing institution; (3) foster parent; or, (4) caregiver in a foster home.

    3. What do I need to do to become approved for Acting Capacity?

      In order to apply for Acting Capacity Approval, the individual must submit:

      1. An application on a form provided by the State Board;
      2. The application fee;
      3. A copy of the college diploma;
      4. Resume or curriculum vitae;
      5. Copy of the results from the State and national criminal history record check;
      6. The Affidavit for Individuals Seeking ARCCPA Approval. (This document must be notarized.)

      Note: the Application must be signed by the president of the agency’s Board of Directors.

    4. How long is Acting Capacity Approval?

      Acting Capacity Approval is valid for 90-days beginning on the date the Certified Residential Child Care Program Administrator leaves or is removed from the position. The State Board may extend the 90-day period for not more than 30-days upon written request noting the reason for the extension from the president/chair of the agency’s Board of Directors. Individuals who are approved for Acting Capacity Approval must apply for full certification within 30-days of obtaining approval.

    5. How long does it take to obtain Acting Capacity Approval?

      The length of time it takes to obtain Acting Capacity Approval depends upon the completeness of an application submitted to the State Board. If a complete application package is submitted to the State Board, the certification process should take no longer than 4 to 6 weeks. Incorrect and incomplete applications will delay the review and approval process. If you submit an incomplete application, you will be charged a $5 reprocessing fee. The State Board will not consider an application until it has received all required documentation. If an applicant fails to provide the required documentation within 120 days of the application, the State Board may either administratively close the application or deny the application, pursuant to COMAR E.

    6. How do I know if I have been approved for Acting Capacity?

      Upon review of the application, the State Board may approve, approve with conditions, or deny the application for Acting Capacity Approval. The State Board will notify the individual, the member of agency’s Board of Directors who co-signed the application, and the residential child care program’s licensing authority of the determination. If approved, an authorization number will be granted. Acting Capacity approval may be verified on the State Board’s web site. The State Board also encourages residential child care program’s to enter the authorization number into the program’s profile on SCYFIS.

    7. Are Acting Capacity Approval’s renewable?

      No. If an individual continues to perform the duties of a program administrator beyond the approved timeframe, the person is considered to be practicing as a Residential Child Care Program Administrator without being certified by the State Board and is in violation of the Maryland Certification of Residential Child Care Program Professionals Act. The foregoing action constitutes a violations of the Health-Occupation Article, Title 20, §§20-401, 402, and 404, and COMAR 10.57.02 and 10.57.05. Further, pursuant to §20-405, “A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both for any subsequent violation of the same provision”. The State Board considers these violations serious and will pursue legal acting as appropriate.

    8. Can I get a waiver for the educational or experience requirements for certification?

      No. The State Board does not have the statutory authority to grant waivers for educational or experience requirements.

    9. What are the requirements for foreign-educated individuals seeking certification?

      Educational credentials from foreign countries must be evaluated by a State Board approved education review service. The State Board has approved the following education review services:
      · International Consultants of Delaware, Inc. at 212-222-8454, extension 510 (icd@icdel.com)
      · World Education Services, Inc. at 202-331-2925 (www.wes.org)

    10. Does the application need to be co-signed by a member of the Board of Directors?

      Yes. All applications seeking Acting Capacity Approval must be submitted under the signature of the president or chair of the residential child care program’s Board of Directors. That individual’s contact information is required on the application. All correspondence regarding the application will be sent to (1) the applicant, (2) the president/chair of the Board of Directors, and (3) the licensing authority for the residential child care program.