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Child Adoption Laws
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Part 2 (Below) Part 1 (Click Here) § 5-4A-06. § 5-4A-07. § 5-4A-08. (b) The Departments shall apply for and administer all relevant federal aid in accordance with law. § 5-4B-01. (a) In this subtitle the following words have the meanings indicated. (b) "Administration" means the Social Services Administration of the Department. (c) "Child placement agency" has the meaning stated in § 5-301 of this title. (d) "Confidential intermediary" means an individual or child placement agency qualified by the Director for the purpose of providing search, contact, and reunion services under this subtitle. (e) "Director" means the Director of the Administration. (f) "Search, contact, and reunion services" means services: (1) to locate adopted individuals and biological parents of adopted individuals; (2) to assess the mutual desire for communication or disclosure of information between adopted individuals and biological parents of adopted individuals; and (3) to provide, or provide referral to, counseling for adopted individuals and biological parents of adopted individuals. ** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 ** (a) In this subtitle the following words have the meanings indicated. (b) "Administration" means the Social Services Administration of the Department. (c) "Child placement agency" has the meaning stated in § 5-301 of this title. (d) "Confidential intermediary" means an individual or child placement agency qualified by the Director for the purpose of providing search, contact, and reunion services under this subtitle. (e) "Director" means the Director of the Administration. (f) "Search, contact, and reunion services" means services: (1) to locate adopted individuals, biological parents of adopted individuals, and siblings of adopted individuals; (2) to assess the mutual desire for communication or disclosure of information between adopted individuals and biological parents of adopted individuals or between adopted individuals and siblings of adopted individuals; and (3) to provide, or provide referral to, counseling for adopted individuals, biological parents of adopted individuals, and siblings of adopted individuals. (g) "Sibling" means a brother or sister of the whole or half blood who: (1) is at least 21 years old; and (2) has been adopted. § 5-4B-02. (a) (1) An adopted individual at least 21 years old may apply to the Director to receive search, contact, and reunion services. (2) If an adopted individual is at least 21 years old, a biological parent of the adopted individual may apply to the Director to receive search, contact, and reunion services. (b) An individual who applies to the Director to receive search, contact, and reunion services shall supply any proof of identity or other relevant information required by the Director. (c) (1) The Director may establish a reasonable fee for the application for search, contact, and reunion services. (2) The overall amount of fees collected may not exceed the costs of processing the applications. (d) A biological parent who has had his or her parental rights terminated under § 5-312 or § 5-313 of this title may not apply to receive search, contact, and reunion services under this subtitle. ** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 ** (a) (1) An adopted individual at least 21 years old may apply to the Director to receive search, contact, and reunion services. (2) If an adopted individual is at least 21 years old, the following individuals may apply to the Director to receive search, contact, and reunion services: (i) a biological parent of the adopted individual; and (ii) a sibling of the adopted individual. (b) An individual who applies to the Director to receive search, contact, and reunion services shall supply any proof of identity or other relevant information required by the Director. (c) (1) The Director may establish a reasonable fee for the application for search, contact, and reunion services. (2) The overall amount of fees collected may not exceed the costs of processing the applications. (d) A biological parent who has had his or her parental rights terminated under § 5-312 or § 5-313 of this title may not apply to receive search, contact, and reunion services under this subtitle. § 5-4B-03. (b) To qualify to be a confidential intermediary, an applicant shall meet the requirements of subsection (d) of this section. (c) If the applicant is a child placement agency, the agency shall appoint an employee of the agency as the representative member to make the application on behalf of the agency. (d) (1) If the applicant is an individual, the applicant shall: (i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and (ii) meet any other qualifications that the Director establishes for confidential intermediaries. (2) If the applicant is a child placement agency, each employee who will provide search, contact, and reunion services under this subtitle shall: (i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and (ii) meet any other qualifications that the Director establishes for confidential intermediaries. (e) (1) The Director may establish a reasonable fee for an application under this section. (2) The overall amount of fees collected may not exceed the costs of processing the applications. § 5-4B-04. (b) The Director shall refer an individual who applies for search, contact, and reunion services to the child placement agency that placed the child for adoption if: (1) the identity of the child placement agency that placed the child for adoption is known; and (2) the child placement agency is a confidential intermediary, as defined in § 5-4B-01 of this subtitle. (c) (1) If the identity of the child placement agency that placed the child for adoption is unknown, the Director shall make reasonable efforts to determine the identity of the child placement agency that placed the child for adoption. (2) For purposes of paragraph (1) of this subsection, the Director shall have access to any information that is contained in a birth record or public record described in § 5-4B-06(b)(1) or (c)(1) of this subtitle. (3) (i) The Director may charge an individual who applies for search, contact, and reunion services a reasonable fee for a search conducted in accordance with paragraph (2) of this subsection. (ii) The overall amount of fees collected may not exceed the costs of providing the search. (4) The Director shall forward any information obtained from a search conducted in accordance with paragraph (2) of this subsection to the confidential intermediary for purposes of providing search, contact, and reunion services. § 5-4B-05. (a) An individual who applies for search, contact, and reunion services shall execute a written agreement with a confidential intermediary concerning the provision of search, contact, and reunion services. (b) (1) The confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services. (2) The overall amount of fees collected may not exceed the costs of providing the services. (c) The confidential intermediary shall promptly: (1) file the executed agreement with the Director; and (2) attempt to contact either the adopted individual or the biological parent sought by the applicant. ** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 ** (a) An individual who applies for search, contact, and reunion services shall execute a written agreement with a confidential intermediary concerning the provision of search, contact, and reunion services. (b) (1) The confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services. (2) The overall amount of fees collected may not exceed the costs of providing the services. (c) The confidential intermediary shall promptly: (1) file the executed agreement with the Director; and (2) attempt to contact the adopted individual, the biological parent, or the sibling sought by the applicant. § 5-4B-06. (b) (1) Subject to paragraph (2) of this subsection, a confidential intermediary may apply to the Secretary of Health and Mental Hygiene for a copy of the following: (i) the original certificate of birth and any records that relate to the new certificate of birth of an adopted individual; (ii) the new certificate of birth that was substituted for the original certificate of birth of an adopted individual under § 4-211 of the Health - General Article; and (iii) the report of the decree or judgment of adoption filed by the clerk of the court under § 4-211 of the Health - General Article. (2) To apply for a copy of a record listed in paragraph (1) of this subsection, a confidential intermediary shall submit to the Secretary of Health and Mental Hygiene a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant. (3) If a confidential intermediary complies with paragraph (2) of this subsection, the Secretary of Health and Mental Hygiene shall give a copy of a record requested under this subsection that is on file with the Secretary to the confidential intermediary. (c) (1) Subject to paragraph (2) of this subsection, a confidential intermediary may access any information that is contained in a public record, as defined in § 10-611 of the State Government Article, including a court record. (2) To have access to information contained in a public record, a confidential intermediary shall submit to the custodian of a public record a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant. (3) If a confidential intermediary complies with paragraph (2) of this subsection, a custodian shall permit inspection of a public record requested under this subsection by the confidential intermediary. § 5-4B-07. (1) the individual contacted by the confidential intermediary consents to the disclosure of specified information; (2) the individual contacted by the confidential intermediary does not consent to the disclosure of any information; (3) the individual sought by the confidential intermediary has not been located; or (4) the individual sought by the confidential intermediary is deceased. (b) The report and any documents filed in accordance with this section are confidential. § 5-4B-08. (2) The written consent shall specify the nature of the information to be disclosed. (b) (1) If a confidential intermediary obtains written consent under subsection (a) of this section, the confidential intermediary shall disclose the information specified in the consent to the individual who applied for search, contact, and reunion services. (2) The confidential intermediary shall disclose only the information that has been authorized by the written consent. § 5-4B-09. (1) may not disclose any information concerning the individual contacted; (2) shall refrain from further and subsequent inquiry with the individual contacted; and (3) shall report the refusal to the individual who applied for search, contact, and reunion services. § 5-4B-10. (b) If the confidential intermediary is unsuccessful at locating the individual sought within the period specified in the search, contact, and reunion services agreement, the confidential intermediary shall file a report with the Director stating the failure to locate the individual sought. § 5-4B-11. (b) The confidential intermediary shall report the fact that the individual sought is deceased to the individual who applied for search, contact, and reunion services. § 5-4B-12. The Director shall adopt regulations to implement the provisions of this subtitle, including regulations concerning: (1) the application process for search, contact, and reunion services; (2) qualifications for a confidential intermediary; (3) the agreement for search, contact, and reunion services executed by a confidential intermediary and an adopted individual or biological parent; and (4) the delivery and scope of search, contact, and reunion services. ** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 ** The Director shall adopt regulations to implement the provisions of this subtitle, including regulations concerning: (1) the application process for search, contact, and reunion services; (2) qualifications for a confidential intermediary; (3) the agreement for search, contact, and reunion services executed by a confidential intermediary and an adopted individual, biological parent, or sibling; and (4) the delivery and scope of search, contact, and reunion services. § 5-4C-01. (b) "Administration" means the Social Services Administration of the Department. (c) "Adoptee" means an individual: (1) who was adopted in this State; or (2) who was placed for adoption by: (i) a child placement agency licensed in this State; or (ii) a local department. (d) "Director" means the Director of the Administration. (e) "Identifying information" means information that reveals the identity or location of an adoptee, the natural parents of an adoptee, or a natural sibling. (f) "Local department" means a local department of social services for a county. (g) "Natural father" means a man who: (1) was married to the adoptee's natural mother at the time of conception; (2) was married to the adoptee's natural mother at the time of the adoptee's birth; (3) was named as the father on the adoptee's pre-adoption birth certificate, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court; (4) was identified by the natural mother as the father of the adoptee, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court; (5) has been adjudicated to be the father of the adoptee; or (6) has acknowledged himself orally or in writing to be the father of the adoptee. (h) "Natural sibling" means an individual who is at least 21 years old and shares 1 or both natural parents with an adoptee. (i) "Registry" means the Mutual Consent Voluntary Adoption Registry.
§ 5-4C-02. (1) establish within the Administration a Mutual Consent Voluntary Adoption Registry where natural parents, adoptees, and natural siblings may register if they wish to have identifying information released to each other; and (2) provide for the disclosure of identifying information to natural parents, adoptees, and natural siblings who have registered with the Mutual Consent Voluntary Adoption Registry.
§ 5-4C-03. (1) establish and maintain a Mutual Consent Voluntary Adoption Registry; (2) adopt rules and regulations to carry out the provisions of this subtitle; and (3) set and assess a reasonable fee for registrants, except that an individual may not be denied registration solely because of an inability to pay the fee. (b) The Director may contract with child placement agencies in this State to perform specific duties under this subtitle. § 5-4C-04. (b) The Administration shall retain affidavits and other information collected concerning a registrant until the date specified by the registrant, or for 99 years after the date of registration, whichever occurs first. § 5-4C-05. (1) an adoptee: (i) who is at least 21 years of age; and (ii) who does not have a natural sibling under the age of 21 years who has the same adoptive parents; (2) a natural mother; (3) a natural father; and (4) a natural sibling. § 5-4C-06. (i) the individual's current name and any previous name by which the individual was known; (ii) the individual's address and telephone number; (iii) if the individual is a natural parent of the adoptee, the original and adopted names, if known, of the adoptee; (iv) if the individual is an adoptee who is seeking information regarding the adoptee's natural parents, any names, if known, by which the natural parents are or were known; (v) if the individual is an adoptee who is seeking information regarding a natural sibling, any names, if known, by which the natural sibling is or was known; (vi) if known, the place and date of birth of the adoptee; (vii) if known, the name and address of the child placement agency or local department, if any, that placed the adoptee; (viii) if known, the names of the adoptive parents of the adoptee; (ix) the name and address of the court that issued the adoption or guardianship decree; and (x) a statement of the individual's consent to be identified to other registrants. (2) A registrant shall notify the Administration of changes in information occurring after the affidavit is filed. (3) A registrant may withdraw from the Registry at any time by submitting a notarized affidavit to that effect to the Administration. (b) (1) The Administration shall obtain information necessary for identifying an adoptee, a natural mother of an adoptee, a natural father, or a natural sibling. (2) The Administration may not obtain information regarding: (i) the adoptive parents of the adoptee; (ii) a child of the adoptive parents who is not a natural sibling; or (iii) the financial status of the adoptive parents of the adoptee. § 5-4C-07. (1) attempt to match registrants or to provide matching information; and (2) if a match is made, direct the child placement agency, if known, or the local department, if there is no known child placement agency, to notify the registrants through a confidential contact. (b) (1) Except as otherwise provided in this subsection, a match is made when: (i) an adoptee and the adoptee's natural mother and natural father register; or (ii) 2 or more natural siblings register. (2) A match is made when an adoptee and only 1 natural parent of the adoptee register if: (i) notice of the filing of the petition for adoption or guardianship was given to the nonregistering parent and the parent did not participate in the judicial proceedings that terminated the parent-child relationship or declared the parent-child relationship was nonexistent; (ii) an adoptee and the natural mother of the adoptee register and there is no known natural father; (iii) the natural mother of the adoptee, or in the case of an agency adoption, the agency submits, or the Administration obtains from a court of competent jurisdiction in the state of the adoptee's birth or adoption, a copy of a judgment that declares that the identity of the natural father is unknown; (iv) the Administration has information that indicates that the other natural parent is dead; (v) notice of the filing of the petition for adoption or guardianship was not given to the nonregistering natural parent of the adoptee; or (vi) 1 year has elapsed since the registering natural parent filed the affidavit and the nonregistering natural parent has not filed a notarized affidavit stating the nonregistering parent's refusal to permit the match. (3) Matching information is provided: (i) if both natural parents are deceased; and (ii) if only an adoptee has registered. (c) (1) In order to make a match or provide matching information, the Administration may inquire into the records of a child placement agency, local department, or court that issued an adoption or guardianship decree. (2) The court that issued the adoption decree shall order that the Administration have access to court records on receipt of a petition from the Administration that states that review of the records is needed in order to make a match or to provide matching information under this section. § 5-501. (b) "Administration" means the Social Services Administration of the Department. (c) "Child placement agency" has the meaning stated in § 5-301 of this title. (d) "Day care provider" means the adult who has primary responsibility for the operation of a family day care home. (e) "Family day care" means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the day care provider is paid. (f) "Family day care home" means a residence in which family day care is provided. (g) "Foster care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home. (h) "Group care" means continuous 24-hour care and supportive services provided for a minor child placed in a licensed group facility. (i) "Kinship care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the 5th degree of consanguinity or affinity under the civil law rule. (j) (1) "License" means a license issued by the Administration under this subtitle. (2) "License" includes: (i) a child placement agency license; (ii) a child care home license; (iii) a child care institution license; and (iv) a residential educational facility license. (k) "Local board" means a local citizen board of review of foster care for children. (l) "Local department" means a local department of social services for a county. (m) "Out-of-home placement" means placement of a child into foster care, kinship care, group care, or residential treatment care. (n) "Residential educational facility" means: (1) a facility that: (i) provides special education and related services for students with disabilities; (ii) holds a certificate of approval issued by the State Board of Education; and (iii) provides continuous 24-hour care and supportive services to children in a residential setting; or (2) one of the following schools: (i) the Benedictine School; (ii) the Linwood School; (iii) the Maryland School for the Blind; or (iv) the Maryland School for the Deaf. (o) "Residential treatment care" means continuous 24-hour care and supportive services for a minor child placed in a facility that provides formal programs of basic care, social work, and health care services. (p) "State Board" means the State Citizen Board of Review of Foster Care for Children. (q) "Unregistered family day care home" means a residence in which family day care is provided and in which the day care provider: (1) has not obtained a certificate of registration from the Department; (2) is not related by blood or marriage to each child in the provider's care; (3) is not a friend of each child's parents or legal guardian and is providing care on a regular basis; and (4) has not received the care of the child from a child placement agency licensed by the Administration or by a local department. (r) "Voluntary placement agreement" means a binding, written agreement voluntarily entered into between a local department and the parent or legal guardian of a minor child that specifies, at a minimum, the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the local department while the child is in placement. § 5-502. (1) minor children are not capable of protecting themselves; and (2) when a parent has relinquished the care of the parent's minor child to others, there is a possibility of certain risks to the child that require compensating measures. (b) It is the policy of this State: (1) to protect minor children whose care has been relinquished to others by the children's parent; (2) to resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and (3) to encourage the development of day care services for minor children in a safe, healthy, and homelike environment. § 5-503. (b) An agent, officer, or representative of a Maryland corporation formed for the care, custody, or protection of minor children who has care or custody of a minor child has the authority and privileges of a law enforcement officer for any purpose related to the objectives of the corporation. (c) (1) A person, including a person acting under claim or color of authority over a minor child as a parent, guardian, or otherwise, may not interfere with or obstruct an agent, officer, or representative described in subsection (b) of this section in relation to the care, custody, or protection of the minor child by the agent, officer, or representative. (2) A person who violates this subsection is guilty of a misdemeanor. § 5-504. (1) the right, at the initial placement, at any time during the placement of a child in foster care, and as soon as practicable after new information becomes available, to receive full information from the caseworker, except for information about the family members that may be privileged or confidential, on the physical, social, emotional, educational, and mental history of a child which would possibly affect the care provided by a foster parent; (2) with regard to the local department of social services case planning, the right to: (i) except for meetings covered by the attorney-client privilege or meetings in which confidential information about the natural parents is discussed, be notified of, and when applicable, be heard at scheduled meetings and staffings concerning a child in order to actively participate, without superseding the rights of the natural parents to participate and make appropriate decisions regarding the child, in the case planning, administrative case reviews, interdisciplinary staffings, and individual educational planning and mental health team meetings; (ii) be informed of decisions made by the courts or a child welfare agency concerning a child; and (iii) provide input concerning the plan of services for a child and to have that input given full consideration by the local department of social services; and (3) the right to be given reasonable written notice, waived only in cases of a court order or when a child is determined to be at imminent risk of harm, of plans to terminate the placement of a child with a foster parent. (b) This section does not create, and may not be construed to create, a cause of action for foster parents. § 5-506. (1) all children whose care is the responsibility of this State shall have similar protection in terms of health, safety, and quality of care; and (2) the rules and regulations of agencies that are charged with child care shall be comparable. (b) In addition to other rules and regulations adopted under this title, the Department may adopt rules and regulations to carry out §§ 5-507, 5-508, 5-509, and 5-509.1 of this subtitle, which relate to the licensing of child placement agencies, child care homes, child care institutions, and residential educational facilities. (c) (1) By rule or regulation, the Department may delegate authority to local departments and licensed child placement agencies to issue licenses or approve applicants for licenses under this subtitle. (2) Any rule or regulation adopted by the Department under this subsection shall provide for an appeal to an administrative appellate authority from a decision of a local department or licensed child placement agency. (d) (1) A child placement agency, child care home, child care institution, or residential educational facility may not be required to obtain a license from more than one State agency. (2) Any State agency authorized to license child placement agencies, child care homes, child care institutions, or residential educational facilities may make cooperative arrangements with any other State agency to give effect to paragraph (1) of this subsection. (e) As provided in Article 49D, § 12 of the Code, the Department shall cooperate in planning and determining the cost of developing and implementing a system of evaluating the success of services to children in out-of-home placement. § 5-507. (b) A license is not required: (1) for a person to place a child with an individual related to the child by blood or marriage within 4 degrees of consanguinity or affinity under the civil law rule; (2) except as provided in subsection (c) of this section, for a parent or grandparent of a child to place the child directly, without the intervention of any other person except the recipient of the child; or (3) for a lawyer to prepare pleadings necessary to accomplish the adoption of a child or to perform any other function associated with the normal practice of law. (c) A parent or grandparent may not place a child for adoption without a license unless, before the placement is made: (1) a petition for adoption is filed in court; and (2) the court, by order, sanctions the placement pending final action on the petition. § 5-508. (b) This section does not apply: (1) to a parent of the child; (2) to an individual related to the child by blood or marriage within five degrees of consanguinity or affinity under the civil law rule; (3) to a guardian of the child; (4) to a person who exercises temporary care, custody, or control over the child at the request of a parent or guardian of the child and who is not required otherwise to be licensed; (5) to an individual with whom the child is placed in foster care by: (i) a child placement agency that is licensed under § 5-507 of this subtitle; (ii) a local department; (iii) the Department of Juvenile Services; (iv) the Secretary of Health and Mental Hygiene; or (v) a court of competent jurisdiction; (6) to a person who has the care, custody, or control of the child through placement for adoption by a parent or grandparent of the child, if the requirements of § 5-507(c) of this subtitle are met; (7) to an institution that has a child care institution license under this subtitle or under Article 83C, § 2-124 of the Code; or (8) to an institution that is operated by an agency of this State or any political subdivision of this State. § 5-509. (b) This section does not apply: (1) to an institution or facility that is operated by an agency of this State or any political subdivision of this State; (2) to a child care home that has a license under this subtitle or under Article 83C, § 2-123 of the Code; or
(3) to an institution that accepts only children placed by the Department of Health and Mental Hygiene or the Department of Juvenile Services. (b) This section does not apply: (1) to a child care home that has a license under this subtitle or under Article 83C, § 2-123 of the Code; (2) to a child care institution that has a license under this subtitle or under Article 83C, § 2-124 of the Code; or (3) to an institution that accepts only children placed by the Department of Health and Mental Hygiene or the Department of Juvenile Services. (c) This section does not affect any requirement that a residential educational facility obtain a certificate of approval from the State Board of Education for its educational program. § 5-510. § 5-511. (1) a certificate of compliance with the Maryland Workers' Compensation Act; or (2) the number of a workers' compensation insurance policy or binder. § 5-512. § 5-513. § 5-514. § 5-515. (1) suspend the license for a period not exceeding 1 year; or (2) revoke the license. § 5-516. (1) notice of the suspension or revocation at least 20 days before the suspension or revocation; (2) a statement of the grounds for the suspension or revocation; and (3) an opportunity to be heard. § 5-517. § 5-518. (b) If a further appeal is taken under this section: (1) any criminal prosecution of the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal; (2) any injunction against the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal; and (3) the court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person. § 5-519. (b) The Director of the Administration may petition an equity court to enjoin the activities and operations of a person who seeks to carry on, without a license, the activities for which the person must be licensed under this subtitle. The petition shall be filed in the circuit court for the county in which the person is located or has a place of business. § 5-520. (b) A person authorized to place a minor child for adoption shall compile and make available to an adoptive parent a pertinent medical history of the child's natural parents, if possible. (c) A medical history compiled under this section may not disclose or permit disclosure of the names or identity of a child's natural parents. § 5-521. § 5-524. (1) to assist in preventing the necessity of placing the child outside of the child's home; (2) to reunite the child with the child's parent or guardian after the child has been placed in foster care; or (3) if the child has been placed in foster care and cannot return to the child's parent or guardian, to develop and implement an alternative permanent plan for the child. § 5-525. (i) who are placed in the custody of a local department, for a period of not more than 180 days, by a parent or legal guardian under a voluntary placement agreement; (ii) who are abused, abandoned, neglected, or dependent, if a juvenile court: 1. has determined that continued residence in the child's home is contrary to the child's welfare; and 2. has committed the child to the custody or guardianship of a local department; or (iii) who, with the approval of the Administration, are placed in an out-of-home placement by a local department under a voluntary placement agreement subject to paragraph (2) of this subsection. (2) (i) A local department may not seek legal custody of a child under a voluntary placement agreement if the child has a developmental disability or a mental illness and the purpose of the voluntary placement agreement is to obtain treatment or care related to the child's disability that the parent is unable to provide. (ii) A child described in subparagraph (i) of this paragraph may remain in an out-of-home placement under a voluntary placement agreement for more than 180 days if the child's disability necessitates care or treatment in the out-of-home placement and a juvenile court makes a finding that continuation of the placement is in the best interests of the child. (b) In establishing the out-of-home placement program the Administration shall: (1) provide time-limited family reunification services to a child placed in an out-of-home placement and to the parents or guardian of the child, in order to facilitate the child's safe and appropriate reunification within a timely manner; and (2) concurrently develop and implement a permanency plan that is in the best interests of the child. (c) (1) The local department shall provide 24-hour a day care and supportive services for a child who is committed to its custody or guardianship in an out-of-home placement on a short-term basis or placed in accordance with a voluntary placement agreement. (2) (i) A child may not be committed to the custody or guardianship of a local department and placed in an out-of-home placement solely because the child's parent or guardian lacks shelter or solely because the child's parents are financially unable to provide treatment or care for a child with a developmental disability or mental illness. (ii) The local department shall make appropriate referrals to emergency shelter services and other services for the homeless family with a child which lacks shelter. (d) (1) Unless a court orders that reasonable efforts are not required under § 3-812 of the Courts Article or § 5-313 of this title, reasonable efforts shall be made to preserve and reunify families: (i) prior to the placement of a child in an out-of-home placement, to prevent or eliminate the need for removing the child from the child's home; and (ii) to make it possible for a child to safely return to the child's home. (2) In determining the reasonable efforts to be made and in making the reasonable efforts described under paragraph (1) of this subsection, the child's safety and health shall be the primary concern. (3) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with the reasonable efforts described under paragraph (1) of this subsection. (4) If continuation of reasonable efforts to reunify the child with the child's parents or guardian is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete the steps to finalize the permanent placement of the child. (e) (1) In developing a permanency plan for a child in an out-of-home placement, the local department of social services shall give primary consideration to the best interests of the child. The local department shall consider the following factors in determining the permanency plan that is in the best interests of the child: (i) the child's ability to be safe and healthy in the home of the child's parent; (ii) the child's attachment and emotional ties to the child's natural parents and siblings; (iii) the child's emotional attachment to the child's current caregiver and the caregiver's family; (iv) the length of time the child has resided with the current caregiver; (v) the potential emotional, developmental, and educational harm to the child if moved from the child's current placement; and (vi) the potential harm to the child by remaining in State custody for an excessive period of time. (2) To the extent consistent with the best interests of the child in an out-of-home placement, the local department shall consider the following permanency plans, in descending order of priority: (i) returning the child to the child's parent or guardian, unless the department is the guardian; (ii) placing the child with relatives to whom adoption, guardianship, or care and custody, in descending order of priority, are planned to be granted; (iii) adoption in the following descending order of priority: 1. by a current foster parent with whom the child has resided continually for at least the 12 months prior to developing the permanency plan or for a sufficient length of time to have established positive relationships and family ties; or 2. by another approved adoptive family; (iv) placing the child in a court approved permanent foster home with a specific caregiver; (v) an independent living arrangement; or (vi) long-term foster care. (3) Subject to paragraphs (1) and (2) of this subsection and to the extent consistent with the best interests of a child in an out-of-home placement, in determining a permanency plan, the local department shall consider the following in descending order of priority: (i) placement of the child in the local jurisdiction where the child's parent or guardian resides; or (ii) if the local department finds, based on a compelling reason, that placement of the child as described in item (i) of this paragraph is not in the best interest of the child, placement of the child in another jurisdiction in the State after considering: 1. the availability of resources to provide necessary services to the child; 2. the accessibility to family treatment, if appropriate; and 3. the effect on the local school system. (f) (1) The local department shall: (i) prepare the permanency plan in writing within 60 days of the date the child comes into care; (ii) if the child is under the jurisdiction of the juvenile court, furnish the plan to the child's parents, the child or the child's counsel, and to the juvenile court; and (iii) maintain the plan in the agency's case record. (2) The local department shall amend the plan promptly as necessary in light of the child's situation and any court orders which affect the child. (g) Unless a child has received a review from the local board of review of foster care under § 5-544 of Part IV of this subtitle, the local department shall perform an administrative review every 6 months to determine the success of the efforts to meet the goals set out in the permanency plan or the agreement with the parents or guardians in voluntary placements. (h) (1) Foster parents who wish to adopt a foster child in their care and who wish to contest the agency's decision to place the child with another adoptive family may, within 30 days from the removal of the child, file with the agency a request for a hearing. (2) Within 10 days after receipt of a request for a hearing under paragraph (1) of this subsection, the agency shall notify the Office of Administrative Hearings, which shall hold the hearing and issue a decision within 45 days of the receipt of the request. (i) The Administration shall adopt regulations that: (1) for the 12-month period beginning on October 1, 1983, and for each subsequent 12-month period, establish specific goals as to the maximum number of children who will remain in foster care for more than 2 years; (2) prohibit a local department from seeking the custody or guardianship of a child for placement in foster care solely because the child's parent or guardian lacks shelter or solely because the child's parents are financially unable to provide treatment or care for a child with a developmental disability or mental illness; (3) specify the compelling reasons for placing a child in a local jurisdiction other than the local jurisdiction where the child's parent or guardian resides, under subsection (e)(3)(ii) of this section; and (4) require the local department to make appropriate referrals to emergency shelter and other services for families with children who lack shelter. § 5-525.1. (b) (1) Except as provided in paragraph (3) of this subsection, a local department to which a child is committed under § 5-525 of this subtitle shall file a petition for termination of parental rights or join a termination of parental rights action that has been filed if: (i) the child has been in an out-of-home placement for 15 of the most recent 22 months; (ii) a court finds that the child is an abandoned infant; or (iii) a court finds that the natural parent has been convicted: 1. in this State of a crime of violence, as defined in § 14-101 of the Criminal Law Article, against the child, the other natural parent of the child, another child of the natural parent, or any person who resides in the household of the natural parent; 2. in any state or in any court of the United States of a crime that would be a crime of violence, as defined in § 14-101 of the Criminal Law Article, if committed in this State against the child, the other natural parent of the child, another child of the natural parent, or any person who resides in the household of the natural parent; or 3. of aiding or abetting, conspiring, or soliciting to commit a crime described in item 1 or item 2 of this item. (2) For purposes of this subsection, a child shall be considered to have entered an out-of-home placement 30 days after the child is placed into an out-of-home placement. (3) A local department is not required to file a petition or join an action if: (i) the child is being cared for by a relative; (ii) the local department has documented in the case plan, which shall be available for court review, a compelling reason why termination of parental rights would not be in the child's best interests; or (iii) the local department has not provided services to the family consistent with the time period in the local department's case plan that the local department considers necessary for the safe return of the child to the child's home. (c) If a petition is filed under subsection (b) of this section, the local department shall identify, recruit, process, and seek to approve a qualified family for adoption, guardianship, or other permanent placement. (d) This section may not be construed to: (1) prohibit the filing of a petition at an earlier date or under other appropriate circumstances; or (2) require a local department to file a petition or, except as otherwise provided by law, require expedited termination of parental rights for a child in kinship care, as defined in § 5-501 of this subtitle. § 5-525.2. (b) If a petitioner under this section petitions a court to issue a visitation decree or to amend an order, the court: (1) may hold a hearing to determine whether visitation is in the best interest of the children; (2) shall weigh the relative interests of each child and base its decision on the best interests of the children promoting the greatest welfare and least harm to the children; and (3) may issue an appropriate order or decree. § 5-526. (2) Any group home utilized under the provisions of this section shall comply with the provisions of §§ 5-507 through 5-509 of this subtitle and § 7-309 of the Education Article. (3) The department that licenses the group home shall notify any group home utilized under the provisions of this section of the requirements of § 7-309 of the Education Article. (b) (1) The Department shall reimburse these corporations for the cost of these services at appropriate monthly rates that the Department determines, as provided in the State budget. (2) The reimbursement rate may differ between homes and institutions that provide intermediate services, as defined by the Department, and homes and institutions that provide full services. (c) The Department, or the Department's designee, may not place a child in a residential group home or other facility that is not operating in compliance with applicable State licensing laws. § 5-527. (b) (1) For a child who does not need special care, the Department shall pay for foster care in a single family home at a monthly rate that is not less than 55% of the monthly rate provided in subsection (c) of this section for a child who requires the most demanding special care in a single family home. (2) The monthly rate shall include increments based on the age of the child. (c) The Department shall pay for foster care for a child who needs the most demanding special care in a single family home at a monthly rate that is not less than the higher of: (1) the rate that the Department paid in fiscal year 1975; and (2) the rate that the Department of Juvenile Services pays for the current fiscal year. § 5-528. (1) prescription drugs; (2) nonprescription drugs that are recommended by a physician; (3) replacement of eyeglasses; and (4) any other service that was covered by regulations under the Maryland Medical Assistance Program on December 31, 1975. § 5-529. (b) (1) The Administration shall provide liability insurance for foster parents who care for children under foster parent programs. (2) The liability insurance shall provide coverage for: (i) bodily injury and property damage that a foster child causes to a person or the property of a person other than a foster parent; and (ii) actions against a foster parent by a natural parent for any accident to the child. (3) The Administration may establish a reasonable deductible limit. (c) (1) Subject to the provisions of this section, the Secretary of Human Resources shall reimburse a foster parent for costs of bodily injury or property damage that the child causes to the foster parent and that insurance does not cover. (2) Before reimbursement under this subsection, the Secretary of Human Resources shall be satisfied that the actions of the foster parent did not contribute substantially to the bodily injury or property damage sustained. (3) Reimbursement under this subsection shall be made for all costs to a maximum amount of $5,000. However, all payments in excess of $2,000 require the approval of the Board of Public Works. § 5-530. (b) The support may include payment for: (1) maintenance costs; (2) medical, dental, and surgical expenses; (3) psychiatric and psychological expenses; and (4) any other cost necessary for the child's care and well-being. (c) The amount and duration of the support may vary according to the needs of the child and the income of the adoptive parents. § 5-531. (1) no individual who was legally responsible for the support of the child is able to pay; and (2) other resources, including insurance benefits or the child's estate, are insufficient. (b) The cost of funeral expenses shall be charged to State funds. § 5-532. (b) The regulations shall authorize the Administration to: (1) conduct a background check of child support arrearages on an applicant for foster home approval who is also a biological or adoptive parent; and (2) consider any child support arrearage in determining whether to approve or disapprove the application. § 5-533. (2) "Residential facility for children" includes: (i) a child care institution or child care home licensed under this title; (ii) a group home, runaway home, residential treatment program, or independent living program; (iii) a State facility; (iv) a certified drug abuse facility; or (v) a certified alcohol abuse facility. (3) "Residential facility for children" does not include: (i) a foster care home; (ii) a hospital, hospice, or medical care facility; or (iii) a regional institute for children and adolescents. (b) (1) A residential facility for children shall maintain contracts or other agreements with appropriate health care providers to provide the following health care services for each child who resides in the facility for more than 30 consecutive days: (i) a physical examination and necessary medical treatment; and (ii) appropriate mental health services. (2) Within 30 days after a child is placed in a residential facility for children the residential facility shall ensure that a health care provider: (i) conducts a physical examination of the child; and (ii) provides a report on the findings of the examination to the residential facility for children where the child resides. (c) (1) Upon the finding of a court of competent jurisdiction, a residential facility for children that violates this section shall be fined $25 per day per child for each day that the violation exists. (2) If a fine is imposed on a residential facility for children, the director or the administrator of the residential facility for children may be liable for payment of the fine. § 5-534. (b) The Administration shall establish a kinship care program. (c) (1) In selecting a placement that is in the best interests of a child in need of out-of-home placement, the local department shall, as a first priority, attempt to place the child with a kinship parent. (2) The local department shall exhaust all reasonable resources to locate a kinship parent for initial placement of the child. (3) If no kinship parent is located at the time of the initial placement, the child shall be placed in a foster care setting. (4) If a kinship parent is located subsequent to the placement of a child in a foster care setting, the local department may, if it is in the best interest of the child, place the child with the kinship parent. (d) (1) A kinship parent may not be less than 21 years of age. (2) The local department may waive the age requirement of paragraph (1) of this subsection if a potential kinship parent: (i) is at least 18 years of age; and (ii) lives with a spouse who is at least 21 years of age. (e) The Administration shall adopt regulations to implement this section that are consistent with the provisions of this section. § 5-535. § 5-536. (2) Of the 11 members: (i) 1 shall be appointed by the Governor from the Governor's staff; (ii) 3 shall be from the eighth judicial circuit, to be chosen by and from among the members of the local boards in the circuit; and (iii) 1 shall be from each of the remaining judicial circuits, to be chosen by and from among the members of the local boards in the respective circuits. (b) (1) The term of a member is 2 years. (2) A member may not serve on the State Board beyond the completion of the term of the member on the local board. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. § 5-537. (b) (1) The term of the chairman is 2 years.
(2) At the end of a term, the chairman continues to serve until a successor is elected. (b) A member of the State Board: (1) may not receive compensation; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (c) The State Board may employ a staff in accordance with the State budget. § 5-539. (i) relate to the functions of the local boards; and (ii) are consistent with the goals set forth in § 5-544 of this subtitle. (2) If the Administration concurs, the State Board may establish categories of children in out-of-home placement for whom a satisfactory permanent placement has been made and who may be exempt from review by the local boards. (b) The State Board shall: (1) provide a training program for members of the local boards and local citizens review panels; (2) review and coordinate the activities of the local boards; (3) adopt policies and procedures that relate to reports and any other information that is required for any public or private agency or institution; (4) make recommendations to the General Assembly that relate to out-of-home placement policies and procedures; and (5) subject to § 2-1246 of the State Government Article, report to the General Assembly on the first day of each year on the status of children in out-of-home placement in this State. § 5-539.1. (1) the State plan under 42 U.S.C. § 5106a(b); (2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and (3) any other criteria that the State Board considers important to ensure the protection of children, including: (i) a review of the extent to which the State child protective services system is coordinated with the foster care and adoption program established under Part E of Title IV of the Social Security Act; and (ii) a review of child fatalities and near fatalities. (b) The State Board may: (1) by a majority vote of its members add up to four members with expertise in the prevention and treatment of child abuse and neglect for the purpose of performing its duties under this section; and (2) to assist the State Board in its reviews of specific cases, designate: (i) local teams composed of members of local boards of out-of-home placement of children and staff; or (ii) local citizens review panels established under § 5-539.2 of this subtitle. (c) In consultation with local citizens review panels and the State Council on Child Abuse and Neglect, the State Board shall develop protocols that govern the scope of activities of local citizens review panels to reflect the provisions of the federal Child Abuse Prevention and Treatment Act (42 U.S.C. § 5101 et seq.). (d) The State Board shall coordinate its activities under this section with the State Council on Child Abuse and Neglect, local citizens review panels, and the child fatality review teams in order to avoid unnecessary duplication of effort. (e) The State Board shall annually prepare and make available to the public a report containing a summary of its activities under this section. § 5-539.2. (2) Two or more counties may establish a multicounty local citizens review panel, in accordance with a memorandum of understanding executed by the multicounty local panel. (b) Except as provided in subsection (c)(2) of this section, the members and chairman of a local citizens review panel shall be appointed by the local governing body. (c) Membership on a local citizens review panel shall be representative of the local jurisdiction and include: (1) individuals with expertise in the prevention and treatment of child abuse and neglect, such as child advocates, volunteers of the court-appointed special advocate program, attorneys who represent children, parent and consumer representatives, law enforcement representatives, and health and human services professionals; and (2) one member from the local jurisdiction, who is appointed by the State Board and one who is appointed by the State Council on Child Abuse and Neglect. (d) A local panel shall: (1) evaluate the extent to which State and local agencies in that jurisdiction are effectively fulfilling their responsibilities in accordance with the child protection standards and the State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children; (2) issue reports on its findings to the State Board and the State Council on Child Abuse and Neglect; and (3) carry out other duties as requested to assist the State Board and the State Council on Child Abuse and Neglect. § 5-539.3. (1) may not disclose to any person or government official any identifying information about any specific child protection case about which the State Board is provided information; and (2) may make public other information unless prohibited by law. (b) In addition to any other penalties provided by law, the Special Secretary for Children, Youth, and Families may impose on any person who violates subsection (a) of this section a civil penalty not exceeding $500 for each violation. § 5-540. (b) Instead of a local board in each county, 2 or more counties may agree to establish a single multicounty local board. § 5-541. (2) If a single multicounty local board is established for 2 or more counties, and if it is necessary that 1 or more of those counties have a greater number of members on the local board in order for the local board to have 7 members, the greater number of members shall be appointed from the counties that have the largest out-of-home placement populations, in order of the size of the out-of-home placement populations. (b) (1) Each member of a local board shall be a resident of a county that is served by the local board. (2) Each member of a local board shall: (i) be a citizen who has demonstrated an interest in minor children through community service, professional experience, or similar activities; or (ii) have a background in law, sociology, psychology, psychiatry, education, social work, or medicine. (c) (1) The term of a member is 4 years. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. § 5-542. (b) The term of the chairman is 4 years. § 5-543. (b) Each member of a local board is subject to the same standards of confidentiality as an employee of the Administration. § 5-544. (1) subject to § 5-545 of this subtitle, as to minor children who have resided in out-of-home placement under the jurisdiction of the local department for more than 6 months: (i) to review the cases every 6 months to determine what efforts have been made to acquire permanent and stable placement for these children; and (ii) to encourage and facilitate the return of each of these children to the child's parent or, on determining that return of a child to the child's parent is not in the best interests of the child, to encourage placement of the child with the child's relatives, provided the placement has legal status, or if neither measure is in the best interests of the child, to encourage efforts at adoption of the child; (2) to encourage all possible efforts for permanent foster care or kinship care or guardianship for minor children for whom return to a parent or adoption is not feasible; and (3) to report to the juvenile court on the status of efforts to secure permanent homes for minor children. § 5-545. (b) Each local board shall report in writing to the juvenile court and the local department on each minor child whose case is reviewed by the local board. (c) In the report, the local board may recommend, as being in the best interest of the minor child: (1) that the child be returned to the parent or legal guardian; (2) that the child continue to be placed outside the home and that the present placement plan is appropriate to the child's needs; (3) that the child continue to be placed outside the home, but that the present placement plan is inappropriate to the child's needs; (4) that the child continue to be placed outside the home, but that the child be placed outside the home in the local jurisdiction of origin, if appropriate; (5) that it is in the best interest of a child to continue to be placed in another local jurisdiction in the State, after considering: 1. the availability of resources to provide necessary services to the child; 2. the accessibility to family treatment, if appropriate; and 3. the effect on the local school system; or (6) that proceedings be initiated to terminate the rights of the parent as to the child so that the child may be eligible for adoption. § 5-546. § 5-547. (1) may not be construed to restrict or alter the authority of any public or private agency or institution that deals with out-of-home placement, adoption, or related matters; and (2) is related to and should be read in relation to §§ 5-524, 5-525, 5-525.1, and 5-534 of this subtitle. Part 2 (Above)
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