Maryland Law that Impacts Children with Special Needs

Definitions

  • Md. Code Ann., Fam. Law § 13-101(b).

A “destitute adult child” means an adult child who:

(1) has no means of subsistence; and

(2) cannot be self-supporting, due to mental or physical infirmity

Child Support

  • Md. Code Ann., Fam. Law § 12-204(g)(3).

Additional child care expenses may be considered if a child has special needs.

  • Md. Code Ann., Fam. Law§ 12-204(h)(2).

Any extraordinary medical expenses incurred on behalf of a child shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted actual incomes.

  • Md. Code Ann., Fam. Law§ 12-204(i)(1).

By agreement of the parties or by order of court, the following expenses incurred on behalf of the child may be divided between the parents in proportion to their adjusted actual incomes: (1) any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child

Support for Disabled Adult-Child (Post Minority Age Support)

  • Md. Code Ann., Fam. Law§ 13-102(b).

If a destitute adult child is in this State and has a parent who has or is able to earn sufficient means, the parent may not neglect or refuse to provide the destitute adult child with food, shelter, care, and clothing.

  • Sininger v. Sininger, 479 A.2d 1354 (Md. Ct. Spec. App. 1984).

A parent has a duty to support a mentally disabled adult daughter regardless of whether her disability commenced before or after she attained the age of majority.

  • Presley v. Presley, 500 A.2d 322 (Md. Ct. Spec. App. 1985).

The duty of support arises when the child has insufficient resources and, because of mental or physical infirmity, insufficient income capacity to enable him to meet his reasonable living expenses. In making this determination, the court examines the child’s available assets, his eligibility for disability or other assistance, and his earning capacity and weighs them against what he reasonable needs to provide a proper subsistence level.

  • Corby v. McCarthy, 154 Md. App. 446 (Court of Secial Appeals of Maryland 2003).

The mother contested the reduction of the father's monthly support obligation. The father contested the finding that the child was a destitute adult child. The child was 23 years old and living in a subsidized apartment. She was mentally retarded and there was no dispute that she had a serious mental disability. The disabled mother lived in a nearby subsidized apartment and provided for many of the child's needs and oversaw her finances. The child was employed by a federal agency. She was cut off from the father's health insurance and would have to obtain insurance at her own expense. Both the father and the child received increases in their earnings. On appeal, the court found that (1) the trial court was not clearly erroneous in finding that the child was an adult destitute child because, despite her increased income, she was not self-supporting, as her net income was less than her reasonable expenses; (2) the Maryland Child Support Guidelines applied in calculating support for the child; and (3) the trial court erred or abused its discretion in its analysis of the child's expenses, in particular her housing expenses, and that error affected the court's child support analysis.

The modification order was vacated, and the matter was remanded. On remand, the circuit court was to recalculate the father's child support obligation after considering as part of the child's reasonable expenses the cost of her housing and health insurance; further, while the court was to use the Maryland Child Support Guidelines as its starting point in determining the father's support obligation, a downward deviation might be warranted.

  • Goshorn v. Goshorn, 838 A.2d 1247 (Md. Ct. Spec. App. 2003).

The husband had a federal civil service job, but the wife reached middle age without achieving a greater than third grade reading level, and her earnings were small compared to his. The record showed that the trial court had properly considered all the required factors in setting the amount of its award, but it had overestimated the husband's income, which necessitated recalculation. Even after that correction, however, the huge disparity in income supported the decision to award indefinite alimony. One of the parties' children was an adult with Down's Syndrome. She was receiving supplemental security income (that might terminate when she turned 21), but this was insufficient reason to designate her as self-supporting for purposes of determining the support obligation for an adult destitute child.

Supplemental Security Income

  • Wilson-X v. Dep't of Human Res. ex rel. Yasmin, 403 Md. 667 (Md. Ct. App. 2007).

The child support guidelines are based on the "combined adjusted actual income" of the parents. The term "actual income" is defined very broadly in FL § 12-201(b). [512]Section 12-201(b)(5), however, excludes from the definition "benefits received from means-tested public assistance programs," including SSI. Those kinds of benefits may not, therefore, be considered as "actual income" when determining childsupport under the guidelines. "Adjusted actual income" is calculated by deducting from "actual income" preexisting reasonable childsupport obligations actually paid, alimony or maintenance obligations actually paid, and, for purposes of this case, the actual cost of providing health insurance for a child for whom the parents are jointly and severally responsible.

Special Needs Trust and a Ward’s Estate

  • Md. Code Ann., Est & Trusts § 14-115(b).

It is the policy of the State to encourage the use of a special needs trust or supplemental needs trust by an individual of any age with disabilities to preserve funds, to provide for the needs of the individual not met by public benefits, and to enhance quality of life.

Adoption Subsidy

  • Md. Code Ann., Fam. Law§ 5-401. Definitions.

(a) In general. — In this subtitle the following words have the meanings indicated.

(b) Administration. — “Administration” means the Social Services Administration of the Department.

(c) Eligible child. — “Eligible child” means a minor as to whom:

(1)

(i) guardianship has been awarded to a child placement agency under Subtitle 3 or Subtitle 3A of this title; or

(ii) consensual adoption has been ordered under §5-338 of this title; and

(2) a determination has been made by a local department under §5-403 of this subtitle that a subsidy is necessary to ensure the child’s adoption because of the child’s special circumstances.

(d) Subsidy. — “Subsidy” means:

(1) a money payment;

(2) medical care;

(3) medical assistance; or

(4) special services.

  • Md. Code Ann., Fam. Law. § 5-403. Eligibility for subsidy.

The local department shall determine whether a subsidy is necessary to assure a child’s adoption because of the child’s special circumstances, including:

(1) physical or mental disability;

(2) emotional disturbance;

(3) recognized high risk of physical or mental disease;

(4) age;

(5) sibling relationship; and

(6) racial or ethnic factors.

  • Md. Code Ann., Fam. Law § 5-406. Established.

Each local department shall establish and administer an adoption subsidy program for eligible children.

  • Md. Code Ann., Fam. Law § 5-408. Eligibility.

(a) Eligibility of child. — A subsidy may not be denied to an eligible child on the ground that the eligible child had a condition that was not known or discovered at the time of the adoption.

(b) Eligibility of prospective adoptive parent. — An individual who has been approved by a child placement agency as an appropriate adoptive parent and who seeks to adopt an eligible child is eligible to receive a subsidy on behalf of the eligible child regardless of the individual’s income or other eligibility factors.

(c) Subsidy cannot be denied because adoption is dissolved. — A subsidy may not be denied to a child whose adoption has been dissolved or whose adoptive parents have died if the child received an adoption subsidy during the child’s prior adoption and the child continues to meet the criteria set forth in §5-403 of this subtitle.

(d) Effect of adoptive parent moving from State. — The subsidy may not be discontinued solely because the adoptive parent moves from this State with the eligible child.

(e) Eligibility of other adult. — A subsidy may continue to be provided for an eligible child to an adult who is qualified to assume responsibility and who assumes responsibility for the care and welfare of the child upon the death or incapacitation of the child’s adoptive parent.

State and Community Resources

  • The Arc: Maryland

With approximately 7,000 membersthroughout Maryland, The Arc Maryland is the largest and strongest statewide advocacy organization advocating on behalf of and with persons with intellectual and development disabilities and their families in Maryland. Out membership includes people with developmental disabilities, parents and other family members, educators, professionals, and interested persons from the general public. With a small professional staff, our work is enhanced by active volunteers, local chapters of The Arc, alliances with state and local organizations, coalitions and agencies.

  • Autism Connect

The purpose of AutismConnect is to provide stakeholders in the state of Maryland with an online resource that will assist them in locating and securing resources for individuals with Autism. The website focuses specifically on research, educational resources, and advocacy organizations available to families in Maryland.

  • Developmental Disabilities Administration

Those who should apply would be anyone with a severe, chronic disability who needs residential, day or support services. Disability occurred prior to their 21 st birthday. Once accepted you can apply to LISS for funding. In addition, there are other programs that offer respite care services separate and apart from DDA and the Rolling Access funds (Kennedy Krieger Institute). 2002 BARC has the grant for Baltimore City and County Respite Care money.

  • Homeschooling in Maryland

Homeschooling is a rewarding endeavor, filled with joys and challenges. We explore homeschooling in Maryland and give you the tools you need to make your homeschooling journey exciting, fun, and successful for you and your family.

  • The League For People with Disabilities, Inc.

Founded in 1927, The League is a pivotal and pioneering agency committed to offering annually more than 2,000 individuals with multiple, physical, cognitive and neurological disabilities the opportunities to gain independence through a comprehensive continuum of vocational, rehabilitative, educational, medical, wellness and social services. A brief history of The League hardly summarized all of the achievements of our many volunteers, staff, and friends over the years. We are grateful to those women and men of vision who began The League and acknowledge and thank those who support its mission to serve people with disabilities. Through the efforts of Mrs. Isabell K. Frank, William S. Baer and the Council of Jewish Women, The League was started in a single room on E. Franklin Street in 1927 to provide services to crippled children.

During the succeeding years, increased demand on existing facilities and the addition of many new services resulted in several moves, until, in 1964, the present headquarters on Cold Spring Lane was completed. A wing was added in 1968 to provide recreational programs for people with disabilities, which included a gymnasium and heated therapeutic swimming pool.Since that time, The League has continued its innovative programming, such as Camp Greentop, serving over 400 campers annually; League Industries, which provides vocational training to people with disabilities; and Vocational Rehabilitation Services, which allows hundreds of individuals to find employment in the community.

  • Maryland Consortium for Children with Special Health Care Needs

The Maryland Community of Care Consortium for Children with Special Health Care Needs (COC) is dedicated to improving systems of care for children and their families in the state.

The COC is a working group of diverse stakeholders, including families, providers, advocates, consumers, administrators, and professionals from the public and private service systems.

Funded by a grant from the federal Maternal and Child Health Bureau, the COC offers a forum for information exchange, problem solving, consensus building, and collaborative action to address gaps and barriers in services for children with special health care needs (CSHCN) and their families.

Using the national agenda for CSHCN and core outcomes as a starting point, the COC works to create systems of care that promote optimal health, functioning, and quality of life for Maryland CSHCN and their families.

  • Maryland Department of Health and Mental Hygiene

Help is just a click away. We welcome you - parents, caregivers, families, providers and youth - to search through our comprehensive database of resources to find what you and your child/youth with special heealth care needs may need. Please refer to our "helpful hints" section located at the top right of the page to help you use the Resource Locator more efficiently.

  • The Maryland Association of Nonpublic Special Education Facilities

The Maryland Association of Nonpublic Special Education Facilities (MANSEF) is a not-for-profit organization of 99 nonpublic special education facilities approved by the Maryland State Department of Education. These facilities, throughout Maryland, promote quality services for children and youth with disabilities. They serve more than 3,000 students between the ages of 2 and 21.MANSEF unites a diverse community of educators, professionals and parents to advocate for the needed continuum of services for children and adolescents with disabilities. MANSEF works in partnership with private/nonpublic special education facilities, families, parent groups, state and local education and government officials and related service professionals.

  • Maryland Learning Links

A resource of day care needs for children with special needs. This site lists day care providers, home childcare and other related resources that are available in various cities all around Maryland.

  • M&L Special Needs Planning

At M&L Special Needs Planning, we feel that access to the right information is the key to planning a successful future. In keeping with our goal to keep you informed, and to provide you with the tools to enable you to plan a happy and successful future for your family, we have compiled a list of special needs resources. As always, if you have any questions about any of these resources, or the services that we provide, please contact us. We provide information and resources to other organizations and processes regarding the following topics:

  • Organizations: This special needs resource link will take you to a list of organizations that are dedicated to providing special needs services to your family and your child with special needs. The list includes organizations from all across the country.
  • Advocacy: Advocacy is a public process by an individual or group which attempts to influence governmental policy and resource allocations. We have compiled a list of advocacy groups that can help you fight for issues that are pertinent to you and your family.
  • Government and Social Security: A key aspect of our special needs planning services involves working with governmental agencies in order to access public resources. We have provided you with the websites for a number of agencies that you may need to contact in order to receive information or benefits that are important to your family’s future.
  • Housing: There are a number of organizations which provide information and services related to housing issues and questions. These special needs resources are excellent starting points for understanding housing services.
  • Disability: This link will take you to a list of websites which contain a wealth of information related to disability, including the link to disability.gov, a redesigned federal website that connects more than 50 million Americans with disabilities to thousands of resources on disability related issues, programs and services.
  • Local ARCS: The ARC is the world’s largest community-based organization of and for people with intellectual and developmental disabilities. This link will take you to the websites of the ARC chapters located in Washington D.C., Maryland, and Virginia. The ARCs are located in every state and are an excellent special needs resource for the family with special needs.
  • Post-Secondary Options: Many parents of children with special needs worry about what their child will do after high school. We have compiled a list of programs and special needs resources to help you access information and begin to plan for this transition in your child’s life.
  • Health: This list of websites will help you access information regarding medical insurance, medication control, as well as other health related issues.
  • Transitioning: The transition from school into adulthood is an essential and often complex step in the life of a person with special needs. These special needs resources will provide you with information and access to service providers who can help you and your child with special needs on his or her transitioning journey.
  • Employment:This section is geared towards employment resources for adults with special needs. There is a number of organization which compile information on this topic. We will add only the best special needs resources to this category.
  • Magazines and Articles: We have a gathered a number of really fantastic magazines and articles that can provide you with expert information, other special needs resources, and can provide links to other members of the special needs community.
  • General Assistance: These resources are designed to help with any overall questions, or to provide general information or help on a wide range of topics.
  • Children with Special Needs:A brief description of what it means to be a child with special needs, the emotional process of the first diagnosis, and the important of early intervention. Early intervention services for both the Washington D.C. area, and nationwide are provided at the end of the article.
  • Children with Healthcare Needs: A brief description of what it means to be a child with special healthcare needs, how it can impact the family situation, and statistics regarding children with special healthcare needs from across America. Resources to help you find help in obtaining a diagnosis, healthcare, and support are provided.
  • Special Education Schools: When it comes to helping children with special needs realize their fullest potential, special education schools are a valuable asset. Follow this link for a brief article outlining exactly why special needs schools are so important, and the ways in which the Individuals with Disabilities Education Act of 2004 affects the way we educate our children with special needs.
  • Special Need Trust: A Special Needs Trust is the only legal solution to protect an individual with disabilities to qualify for government benefits. Follow this link for a brief explanation of what the term means and the different types of Special Needs Trusts, as well as other important points to consider when setting up your own Special Needs Trust.
  • Maryland Children and Youth with Special Health Care Needs Resource Locator:In order to improve access to information about needed services and resources, Maryland’s Office for Genetics and People with Special Health Care Needs created the resource database. The Department of Health and Mental Hygiene (DHMH) of Maryland created the online resource database forchildren and youth with special health care needs. In Maryland, over one third of families of these children report that they cannot easily access needed community based services and half of the same families report that they need help finding services for their youngsters. For families in rural areas of the state, it can be even more difficult to find specialty services.
  • Cerebral Palsy Guide is a website that is intended to give parents of children with cerebral palsy simple, straightforward information about cerebral palsy and its treatment, as well as to help families connect with medical and legal professionals. Designed specifically with parents of children newly diagnosed with CP in mind, the website strives to offer “peace, healing, and happiness.”
  • PACT Helping Children with Special Needs

The first five years of a child’s life are the most critical in terms of development. It is during this time that 90 percent of a child’s brain growth occurs, accompanied by the cognitive development that often determines the course of the child’s future.Yet, for many children, those critical years are spent just trying to survive.