from the webpage:
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 224 KB) publication.
Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.
Consequences
This issue is not addressed in the statutes reviewed.
Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: Md. Code Ann. Fam. Law § 5-705(a)(1), (a)(3) (LexisNexis through 2007 Sess.)
Except as provided below, notwithstanding any other provision of law, including a law on privileged communications, a person other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall...notify the local department or the appropriate law enforcement agency.
A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice [when they have reason to believe that a child has been subjected to abuse or neglect] if the notice would disclose matter in relation to any communication that is protected by the clergy-penitent privilege and:
* The communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs.
* The minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
Md. Code Ann. Fam. Law § 5-704(b) (LexisNexis through 2007 Spec. Sess.)
An individual who notifies the appropriate authorities under this section shall make:
* An oral report, by telephone or direct communication, as soon as possible, to either of the following:
o The local department or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to abuse
o The local department if the person has reason to believe that the child has been subjected to neglect
* A written report:
o To the local department not later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect
o With a copy to the local State's attorney if the individual has reason to believe that the child has been subjected to abuse
An agency to which an oral report of suspected abuse is made shall immediately notify the other agency. This paragraph does not prohibit a local Department of Social Services and an appropriate law enforcement agency from agreeing to cooperative arrangements.
Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 665 KB) publication.
Physical Abuse
Citation: Fam. Law § 5-701
Abuse means:
* The physical or mental injury of a child by any parent or other person who has permanent or temporary care, custody, or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed
* Sexual abuse of a child, whether physical injuries are sustained or not
Neglect
Citation: Fam. Law § 5-701
Neglect means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:
* That the child's health or welfare is harmed or placed at substantial risk of harm
* Mental injury to the child or a substantial risk of mental injury
Sexual Abuse
Citation: Fam. Law § 5-701
* Sexual abuse means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care, custody, or responsibility for supervision of a child, or by any household or family member.
* Sexual abuse includes incest, rape, sexual offense in any degree, sodomy, and unnatural or perverted sexual practices.
Emotional Abuse
Citation: Fam. Law § 5-701
Mental injury means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Fam. Law § 5-701
A report is required when a child is subjected to harm or substantial risk of harm.
Persons Responsible for the Child
Citation: Fam. Law § 5-701
Responsible persons include any parent or other person who provides temporary care, custody, or supervision of the child, including:
* A family member, including a relative to the child by blood, adoption, or marriage
* A household member, including a person who lives or is a regular presence in a home of a child at the time of the alleged abuse or neglect
Exceptions No exceptions are specified in statute.
Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Fam. Law § 4-501
''Abuse'' means any of the following acts:
* An act that causes serious bodily harm
* An act that places a person eligible for relief in fear of imminent serious bodily harm
* Assault in any degree
* Rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article, or attempted rape or sexual offense in any degree
* False imprisonment
* Stalking under § 3-802 of the Criminal Law Article
Defined in Child Abuse Reporting and Child Protection Laws
Citation: Fam. Law § 4-501
If the person for whom relief [from domestic violence] is sought is a child, ''abuse'' also may include abuse of a child, as defined in title 5, subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.
Defined in Criminal Laws
Citation:
This issue is not addressed in the statutes reviewed.
Persons Included in the Definition
Citation: Fam. Law §§ 4-501; 4-513
''Person eligible for relief'' includes:
* The current or former spouse of the respondent
* A cohabitant of the respondent
* A person related to the respondent by blood, marriage, or adoption
* A parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition
* A vulnerable adult
* An individual who has a child in common with the respondent
''Cohabitant'' means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.
''Victim of domestic violence'' means an individual who has received deliberate, severe, and demonstrable physical injury, or is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse or a current or former cohabitant.
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication. Confidentiality of Records Citation: Family Law § 5-707
The administration shall provide by regulation procedures for protecting the confidentiality of reports and records made in accordance with this subtitle and conditions under which information may be released.
Persons or Entities Allowed Access to Records
Family Law § 5-714
The information in a central registry shall be at the disposal of:
* The protective services staff of the Social Services Administration
* The protective services staffs of local departments who are investigating a report of suspected abuse or neglect
* Law enforcement personnel who are investigating a report of suspected abuse or neglect
When Public Disclosure of Records is Allowed
This issue is not addressed in the statutes reviewed.
Use of Records for Employment Screening
Citation: Family Law § 5-714
Unless a person has been found guilty of any criminal charge arising out of the alleged abuse or neglect, or has been found responsible for indicated abuse or neglect, information in a central registry may not be used as a sole basis for responding to any request for background information for employment or voluntary service.
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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Family Law § 5-714
The Social Services Administration and each local department may maintain a central registry of cases reported under the reporting laws.
Purpose
Citation: Family Law § 5-714
The information in a central registry shall be at the disposal of:
* The protective services staff of the administration
* The protective services staffs of local departments who are investigating a report of suspected abuse or neglect
* Law enforcement personnel who are investigating a report of suspected abuse or neglect
Except for information entered [after an individual has been found guilty or responsible in an indicated report], information in a central registry may not be used as a sole basis for responding to any request for background information for employment or voluntary service.
Contents
Citation: Family Law § 5-714
Each local department shall provide the information for a central registry. A central registry may not include information from a local department case file until any individual found responsible for indicated or unsubstantiated child abuse or neglect has:
* Been found guilty of any criminal charge arising from the alleged abuse or neglect
* Unsuccessfully appealed the finding in accordance with the procedures established under § 5-706.1 of this subtitle
* Failed to exercise the appeal rights within the time frames specified in § 5-706.1
A central registry may contain identifying information related to an investigation of abuse or neglect unless:
* Abuse or neglect has been ruled out
* The abuse or neglect finding has been expunged in accordance with § 5-707
Maintenance
Citation: Family Law § 5-714
The department or a local department may identify an individual as responsible for abuse or neglect in a central registry only if the individual:
* Has been found guilty of any criminal charge arising out of the alleged abuse or neglect
* Has been found responsible for indicated abuse or neglect and has unsuccessfully appealed the finding in accordance with the procedures established under § 5-706.1 of this subtitle, or failed to exercise the individual's appeal rights within the time frames specified in § 5-706.1
The department without the necessity of a request shall remove from the name of an individual described above the identification of that individual as responsible for abuse or neglect if no entry has been made for that individual for 7 years after the entry of the individual's name in a registry.
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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: Md. Code Ann. Fam. Law § 5-708 (LexisNexis through 2008 Reg. Sess.)
Statute:
Any person who makes or participates in making a report of abuse or neglect under §§ 5-704, 5-705, or 5-705.1 or participates in an investigation or a resulting judicial proceeding, shall have immunity from civil liability or criminal penalty.
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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Fam. Law § 5-704
A mandated reporter shall make an oral report, by telephone or direct communication, as soon as possible:
* To the local Department of Social Services or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to abuse
* To the local department if the person has reason to believe that the child has been subjected to neglect
The mandated reporter shall make a written report to the local department no later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect and shall submit a copy to the local State's attorney if the individual has reason to believe that the child has been subjected to abuse.
Content of Reports
Citation: Fam. Law § 5-704
Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:
* The name, age, and home address of the child
* The name and home address of the child's parent(s) or other person responsible for the child's care
* The whereabouts of the child
* The nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect
* Any other information that might be helpful to determine the cause of the suspected abuse or neglect and the identity of any individual responsible for the abuse or neglect
Special Reporting Procedures
Suspicious Deaths
Not addressed in statutes reviewed.
Substance-Exposed Infants
Not addressed in statutes reviewed.
Screening Reports
Citation: Fam. Law §§ 5-701; 5-706; 5-706.1
Within 24 hours after receiving a report of suspected physical or sexual abuse of a child, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child, the local department or the appropriate law enforcement agency shall:
* See the child
* Attempt to have an on-site interview with the child's caregiver
* Decide on the safety of the child, wherever the child is, and of other children in the household
* Decide on the safety of other children in the care or custody of the alleged abuser
To the extent possible, an investigation shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies. An investigation that is not completed within 30 days shall be completed within 60 days of receipt of the first notice of the suspected abuse or neglect.
Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Fam. Law § 5-704
Persons required to report include:
* Health practitioners
* Educators or human service workers
* Police officers
Reporting by Other Persons
Citation: Fam. Law § 5-705
Any other person who has reason to believe that a child has been subjected to abuse or neglect must report.
Standards for Making a Report
Citation: Fam. Law §§ 5-704; 5-705
A report is required when, acting in a professional capacity, the person has reason to believe that a child has been subjected to abuse or neglect.
Privileged Communications
Citation: Fam. Law § 5-705
Only the attorney-client and clergy-penitent privileges are permitted.
Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.
Disclosure of Reporter Identity
Not addressed in statutes reviewed.
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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: Md. Family Law Ann. § 5-706.3(d) (LexisNexis through 2009 Reg. Sess.)
Statute Text:
The Department of Human Resources, in cooperation with the Department of Health and Mental Hygiene, shall develop intervention systems in at least four counties designated by the Secretary of Human Resources that include drug treatment for a mother of a child who is born drug-exposed and supportive services for the family of the child.
An intervention shall be initiated when a child is born drug-exposed and medical personnel have determined that the child is at a high risk of abuse or neglect.
Subject to the provisions above, the local Department of Social Services and the Department of Health and Mental Hygiene shall assist the mother of a child who is born drug-exposed in obtaining drug treatment and providing supportive services to maintain family unity.
A CINA [Child in Need of Assistance] petition shall be filed on behalf of a child who is born drug-exposed if:
* The mother refuses the recommended level of drug treatment or does not successfully complete the recommended level of drug treatment.
* The mother is unable to provide adequate care for the child.
* The father is unable to provide adequate care for the child.
Citation: Md. Crts. & Jud. Proc. Code Ann. § 3-818 (LexisNexis through 2009 Reg. Sess.)
Statute Text:
Within 1 year after a child's birth, there is a presumption that a child is not receiving proper care and attention from the mother for purposes of § 3-801(f)(2) of this subtitle if:
* The child was born exposed to cocaine, heroin, or methamphetamine, or a derivative of cocaine, heroin, or methamphetamine, as evidenced by any appropriate tests of the mother or child.
* Upon admission to a hospital for delivery of the child, the mother tested positive for cocaine, heroin, or methamphetamine, or a derivative of cocaine, heroin, or methamphetamine, as evidenced by any appropriate toxicology test.
* Drug treatment is made available to the mother and the mother refuses the recommended level of drug treatment or does not successfully complete the recommended level of drug treatment.
Citation: Md. Family Law Ann. § 5-710(b) (LexisNexis through 2009 Reg. Sess.)
Statute Text:
Promptly after receiving a report from a hospital or health practitioner of suspected neglect related to drug abuse and conducting an appropriate investigation, the local department may file a petition alleging that the child is in need of assistance under Title 3, Subtitle 8 of the Courts Article, and offer the mother admission into a drug treatment program.
The local department may initiate a judicial proceeding to terminate a mother's parental rights, if the local department offers the mother admission into a drug treatment program under this subsection within 90 days after the birth of the child and if the mother:
* Does not accept admission to the program or its equivalent within 45 days after the offer is made
* Does not accept the recommended level of drug treatment within 45 days after the offer is made
* Fails to fully participate in the program or its equivalent
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.
Failure to Report
This issue is not addressed in the statutes reviewed.
False Reporting
Crim. Law § 9-501
A person may not make, or cause to be made, a statement, report, or complaint that the person knows to be false as a whole or in material part, to a law enforcement officer with intent to deceive and to cause an investigation or other action to be taken as a result of the statement, report, or complaint.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to one or both of the following:
* Imprisonment not exceeding 6 months
* A fine not exceeding $500
Representation of Children in Child Abuse and Neglect Proceedings
To better understand this issue and to view it across States, see the Representation of Children in Child Abuse and Neglect Proceedings: Summary of State Laws (PDF - 598 KB) publication.
Making The Appointment
Citation: Courts & Jud. Proc. § 3-813
A child who is the subject of a child in need of assistance (CINA) petition shall be represented by an attorney counsel.
Unless the court finds that it would not be in the best interests of the child, the court shall:
* Appoint an attorney with whom the Department of Human Resources has contracted to provide those services, in accordance with the terms of the contract
* If another attorney has previously been appointed, strike the appearance of that attorney
The Use of Court-Appointed Special Advocates (CASAs)
Citation: Courts & Jud. Proc. § 3-813
In addition to, but not instead of, the appointment of an attorney, the court, in any action, may appoint an individual provided by a Court-Appointed Special Advocate (CASA) Program created under § 3-830.
Qualifications/Training
Citation: MD Guidelines for Attys Rep CINA, F2
Lawyers who seek to represent children in these proceedings are encouraged to seek training and education in such subjects as:
* The role of child's counsel
* Assessing considered judgment
* Basic interviewing techniques
* Child development, including cognitive, emotional, and mental stages
* Federal and State statutes, regulations, rules, and case law
* Overview of the court process and key personnel in child-related litigation
* Applicable guidelines and standards of representation
* Family dynamics and dysfunction, including substance abuse and mental illness
* Related issues, such as domestic violence, special education, mental health, developmental disability systems, and adult guardianships
* Social service agencies, child welfare programs, and medical, educational, and mental health resources for the child and family
* Written materials, including related motions, court orders, pleadings, and training manuals
Specific Duties
Citation: Courts & Jud. Proc. § 3-830
The CASA program is created in a county with the support of the court for that county to provide trained volunteers whom the court may appoint to:
* Provide the court with background information to aid it in making decisions in the child's best interests
* Ensure that the child is provided appropriate case planning and services
How the Representative Is Compensated
Citation: Courts & Jud. Proc. § 3-813
The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child in an action under this subtitle.
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Family Law § 5-706.1
Within 30 days after the completion of an investigation in which there has been a finding of indicated or unsubstantiated abuse or neglect, the local Department of Social Services shall notify in writing the individual alleged to have abused or neglected a child:
* Of the finding
* Of the opportunity to appeal the finding
* If the individual has been found responsible for indicated abuse or neglect, that the individual may be identified in a central registry as responsible for abuse or neglect
In the case of a finding of indicated abuse or neglect, an individual may request a contested case hearing to appeal the finding by responding to the notice of the local department in writing within 60 days. Unless the individual and the department agree on another location, a contested case hearing shall be held in the jurisdiction in which the individual alleged to have abused or neglected a child resides.
If a criminal proceeding is pending on charges arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall stay the hearing until a final disposition is made. If after final disposition of the criminal charge, the individual requesting the hearing is found guilty of any criminal charge arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall dismiss the administrative appeal.
If a CINA (child in need of assistance) case is pending concerning a child who has been allegedly abused or neglected by the appellant or a child in the care, custody, or household of the appellant, the Office of Administrative Hearings shall stay the hearing until the CINA case is concluded. After the conclusion of the CINA case, the Office of Administrative Hearings shall vacate the stay and schedule further proceedings in accordance with this section.
In the case of a finding of unsubstantiated abuse or neglect, an individual may request a conference with a supervisor in the local department by responding to the notice of the local department in writing within 60 days.
In response to a timely request for a conference, a local department supervisor shall schedule a conference, to occur within 30 days after the supervisor receives the request, to allow the individual an opportunity to review the redacted record, and request corrections or to supplement the record. Within 10 days after the conference, the local department shall send to the individual:
* A written summary of the conference and of any modifications to be made in the record
* Notice of the individual's right to request a contested case hearing
The individual may request a contested case hearing to appeal the outcome of the conference by responding to the summary in writing within 60 days. If the individual does not receive the written summary and required notice within 20 days, the individual may request a contested case hearing.
In the case of an unexpunged finding of indicated or unsubstantiated abuse or neglect made prior to June 1, 1999, the local department shall provide the individual with an opportunity to appeal the finding in accordance with this section if the individual:
* Requests such an appeal
* Has not been offered an opportunity to request a contested case hearing
* Has not been found guilty of any criminal charge arising out of the alleged abuse or neglect
When Records Must Be Expunged
Family Law § 5-707(b)
The local Department of Social Services shall expunge a report of suspected abuse or neglect and all assessments and investigative findings:
* Within 5 years after the date of referral if the investigation concludes that the report is unsubstantiated, and no further reports of abuse or neglect are received during the 5 years
* Within 120 days after the date of referral if the report is ruled out, and no further reports of abuse or neglect are received during the 120 days
Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.
When Case Plans Are Required
Citation: Code of Md. Reg. § 07.02.11.13
[This issue is not addressed in the statutes reviewed. The information below is taken from the Code of Maryland Regulations.]
Within 2 months after placement, a written case plan shall be developed for each child in out-of-home placement.
Who May Participate in the Case Planning Process
Citation: Code of Md. Reg. § 07.02.11.13
[This issue is not addressed in the statutes reviewed. The information below is taken from the Code of Maryland Regulations.]
The local department, together with the child's parent or legal guardian, shall develop the written case plan.
Contents of a Case Plan
Code of Md. Reg. § 07.02.11.13
[This issue is not addressed in the statutes reviewed. The information below is taken from the Code of Maryland Regulations.]
The case plan shall include concurrent permanency plans and shall:
* Describe the circumstances that make placement necessary
* State with whom the child was living before placement and his or her relationship to the child
* Describe the efforts that have been made to prevent placement, or why such efforts were not possible
* Consider the following factors in determining the permanency plan that is in the best interest of the child:
o The child's attachment and emotional ties to the child's parents, guardians, and siblings
o The child's emotional attachment to the child's current caregiver and the caregiver's family
o The length of time the child has resided with the current caregiver
o The potential emotional, developmental, and educational harm to the child if moved from the current placement
o The potential harm to the child by remaining in State custody for an excessive period of time
* Identify and develop a primary and secondary permanency plan, as appropriate, to be implemented concurrently
* Prioritize permanency plan options, in order of preference:
o Return to the parents or guardian
o Placement with a relative to whom adoption, guardianship, or care and custody is granted
o Adoption, in descending order of priority, by the current foster parent with whom the child has resided continually for 12 months or longer and has established a positive relationship and family ties, or by an otherwise approved adoptive family
o Permanent care in a court-approved foster home
o Independent living
o Long-term care
* Project the year and month when the permanency plan is expected to be achieved
* If the permanency plan is reunification, describe the service objectives that shall be achieved by the parents, guardian, or child before reunification
* Identify the services to be provided to the parents, legal guardian, and the child in order to achieve the permanency goal
* Describe how the local department plans to carry out any voluntary placement agreement
* Describe the type of home or institution in which the child has been, or is to be, placed, and discuss the appropriateness of the placement with documentation describing how the placement is the least restrictive setting available, and in close proximity to the parents' or legal guardian's home, consistent with the best interest and special needs of the child
* Discuss how the local department plans to carry out specific court orders, if any, pertaining to the child
* Include a plan for ensuring that the child receives appropriate care
* Include a plan for working to ensure that services are provided to the child and parents to improve the conditions in the parents' or legal guardian's home and to facilitate reunification or other permanency plan
* Include a plan for working to ensure that services are provided to the child and foster parents to address the needs of the child while in foster care
* Discuss the appropriateness of the services that have been provided
* For a child age 16 or older, identify the programs and services that will help the child prepare for the transition from foster care to independent living
* To the extent available and accessible, include the health and education records of the child, including:
o The names and addresses of the child's health and educational providers
o The child's grade-level performance
o The child's school record
o Assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement
o A record of the child's immunizations
o The child's known medical problems and medications
o Any other relevant health and education information
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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Citation: Md. Code Ann. Fam. Law § 5-525(b)(1)-(2), (d)(3) (LexisNexis through 2007 Sess.)
Statute Text:
In establishing the out-of-home placement program, the administration shall:
* 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
* Concurrently develop and implement a permanency plan that is in the best interests of the child
Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with the reasonable efforts to preserve or reunify the family.
Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Fam. Law § 5-525; Code of Regs. 07.02.11.18; 07.02.11.19
A periodic review of a child's status shall be held no less frequently than once every 6 months. The review shall be conducted by the court, an administrative panel, or the Citizens' Review Board for Children.
Permanency planning hearings shall be scheduled as follows:
* Within 1 month of a court order waiving reunification services
* No later than 12 months after the original placement
* Every 6 months thereafter, except the following children do not require permanency planning hearings:
o A child in permanent care, as defined in regulation
o A child who is legally free for adoption, placed with the adoptive family, and whose adoption is finalized within 12 months of the date that guardianship was granted
Persons Entitled to Attend Hearings
Citation: Fam. Law § 5-504; Code of Regs. 07.02.11.18
Whenever possible, notice of the review shall be given to:
* The child's parents or legal guardian
* The child
* The foster parent or the foster parent's attorney
* A preadoptive parent
* A relative caregiver
The foster parents are permitted to attend all hearings. This right does create a cause of action for foster parents.
Determinations Made at Hearings
Citation: Fam. Law § 5-525; Code of Regs. 07.02.11.18
The periodic review shall determine:
* The continuing necessity for and appropriateness of the placement
* The extent of compliance with the permanency plan
* The extent of progress that has been made toward alleviating or mitigating the causes necessitating out-of-home placement
* A likely date by which the permanency plan for the child will be achieved
Permanency Options
Citation: Fam. Law § 5-525; Code of Regs. 07.02.11.13
In prioritizing permanency plan options, the local department's order of preference shall be:
* Return to the parents or legal guardian
* Placement with a relative to whom adoption, guardianship, or care and custody is granted
* Adoption, in descending order of priority:
o By the current foster parent with whom the child has established a positive relationship and family ties, and with whom the child has resided continually for 12 months or longer
o By an otherwise approved adoptive family
* Permanent care in a court-approved foster home
* Independent living
* Long-term care
Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 463 KB) publication.
Requirements for Foster Parents
Citation: Fam. Law §§ 5-561; 5-562; Code of Md. Regs. §§ 07.02.25.07; 07.05.02.13
* A criminal history records check shall be obtained by a foster care home applicant. As part of the application for a criminal history records check, the applicant shall submit a complete set of legible fingerprints.
* [The following information is from the Code of Maryland Regulations.] The foster parent home study must include:
o A review of local department records to determine whether a member of the family has an indicated finding of abuse or neglect
o A review of the results of the State and Federal criminal background checks
* As part of the certification process, the agency shall review charges, investigations, convictions, or findings related to a crime of any household member of the foster parent to determine:
o The possible effect on the applicant's ability to execute the responsibilities of a foster parent
o The applicant's ability to provide quality service to children in care
* Foster parent certification may be denied if the applicant:
o Refuses to consent to the child protective service clearance and the criminal background check
o Has an indicated child abuse finding
o Has a felony conviction for child abuse or neglect, spousal abuse, a crime against children, rape, sexual assault, or homicide
o In the 5 years before the date of application for foster parent certification, has a felony conviction for physical assault, battery, or a drug-related offense
o Refuses to consent to the Motor Vehicle Administration clearance
Requirements for Adoptive Parents
Citation: Fam. Law §§ 5-561; 5-562; Code of Md. Regs. § 07.02.12.10
* A criminal history records check shall be obtained on:
o A person who is seeking to adopt a child through a child-placing agency
o An adult relative with whom a child is placed by the local department
o Any adult residing in the home where a child may be placed
* As part of the application for a criminal history records check, the applicant shall submit a complete set of legible fingerprints.
* [The following information is from the Code of Maryland Regulations.] Before an adoptive home may be approved, an applicant and all household members age 18 or older shall apply for a criminal background investigation.
* After the home is approved, if other individuals who are age 18 or older come to live with the family, they shall apply for a criminal background investigation within 30 days of moving into the household.
* The department may not approve, or continue to approve as an adoptive home, any home in which an adult in the household has been convicted of:
o A crime that the local department feels raises serious concern for a child's safety
o Any crime enumerated in 42 U.S.C. 671(a)(20)
* Before an adoptive home may be approved, an applicant and all household members age 18 or older shall consent to a child protective services clearance to determine if there is a prior indicated or unsubstantiated finding of abuse or neglect for any family or household member.
* The department may not approve or continue to approve as an adoptive home any home in which an individual:
o Refuses to consent to the child protective services clearance
o Has an indicated child abuse or neglect finding
Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: Md. Code Ann. Fam. Law § 5-525(e)(1) (LexisNexis through 2007 Reg. & Spec. Sess.)
Statute Text:
In developing a permanency plan for a child in an out-of-home placement, the local department 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:
* The child's ability to be safe and healthy in the home of the child's parent
* The child's attachment and emotional ties to the child's natural parents and siblings
* The child's emotional attachment to the child's current caregiver and the caregiver's family
* The length of time the child has resided with the current caregiver
* The potential emotional, developmental, and educational harm to the child if moved from the child's current placement
* The potential harm to the child by remaining in State custody for an excessive period of time
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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Family Law § 5-525.1
A petition for termination of parental rights shall be filed if:
* The child has been in an out-of-home placement for 15 of the most recent 22 months.
* A court finds that the child is an abandoned infant.
* A court finds that the parent has been convicted, in any State or any court of the United States, of:
o A crime of violence against a minor offspring of the parent, the child, or another parent of the child
o Aiding, abetting, conspiring, or soliciting to commit a crime described above
Circumstances That Are Exceptions to Termination of Parental Rights
Family Law § 5-525.1
The department is not required to file a petition for termination of parental rights if:
* The child is being cared for by a relative.
* The department has documented in the case plan a compelling reason why termination of parental rights would not be in the child's best interests.
* The department has not provided services to the family consistent with the time period in the case plan that the department considers necessary for the safe return of the child to the child's home.
Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Cts & Jud Pro § 5-641
An infant may be relinquished within 3 days of his or her birth.
Who May Relinquish the Infant
Cts & Jud Pro § 5-641
The mother or other person may relinquish the infant. If the person leaving a newborn is not the mother of the newborn, the person shall have the approval of the mother to do so.
Who May Receive the Infant
Cts & Jud Pro § 5-641
The infant may be delivered to a responsible adult or a hospital or other facility designated by regulation.
Responsibilities of the Safe Haven Provider
Cts & Jud Pro § 5-641
A person who receives an infant shall take it to a hospital. The hospital shall notify the local department within 24 hours.
Immunity for the Provider
Cts & Jud Pro § 5-641
A responsible adult and a hospital or other designated facility that accepts a newborn under this section and an employee or agent of the hospital or facility shall be immune from civil liability or criminal prosecution for good faith actions taken related to the acceptance of or medical treatment or care of the newborn, unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.
Protection for Relinquishing Parent
Cts & Jud Pro § 5-641
A person who leaves an unharmed newborn with a responsible adult within 3 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn, shall be immune from civil liability or criminal prosecution for the act.
Effect on Parental Rights
This issue is not addressed in the statutes reviewed.
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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes:
http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=
Citations:
* Adoption: Family Law, Title 5, Subtitles 3 through 4C
* Child Protection: Family Law, Title 5, Subtitles 7, 7A, 9
* Child Welfare: Family Law, Title 5, Subtitles 5, 6, 12
Regulation/Policy
Website for Administrative Code:
www.dsd.state.md.us/comar/subtitle_chapters/07_Chapters.htm
Note:
See Subtitles 01, 02, 05
Other Resources
Department of Human Resources, Social Services Administration
* Access to Education for Children in State-Supervised Care
www.dhr.state.md.us/ssa/pdfs/edubook.pdf (PDF - 998 KB)
* A Handbook for Youth: Out of Home Placement - Foster Care
www.dhr.state.md.us/ssa/pdfs/youth.pdf (PDF - 2340 KB)
* Kinship Care Resource Manual (Baltimore County)
www.dhr.state.md.us/ssa/pdfs/kinman.pdf (PDF - 958 KB)
Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Fam. Law §§ 5-501; 5-534
''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.
''Kinship parent'' means an individual who is related by blood or marriage within five degrees of consanguinity or affinity under the civil law rule to a child who is in the care, custody, or guardianship of the local department and with whom the child may be placed for temporary or long-term care other than adoption.
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.
* The local department shall exhaust all reasonable resources to locate a kinship parent for initial placement of the child.
* If no kinship parent is located at the time of the initial placement, the child shall be placed in a foster care setting.
* 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 interests of the child, place the child with the kinship parent.
Requirements for Placement with Relatives
Citation: Fam. Law §§ 5-561; 5-534
An adult relative with whom a child is placed by the local Department of Social Services must submit to a criminal background check.
A kinship parent must be at least 21 years old. If the parent is at least age 18 and married to a person who is at least age 21, the department may waive this requirement.
Relatives Who May Adopt
Citation: Fam. Law § 5-3B-12
The child may be placed for adoption with a relative of the child, by blood or marriage, within four degrees of affinity or consanguinity under the civil law rule.
Requirements for Adoption by Relatives
Citation: Fam. Law §§ 5-3B-12; 5-3B-24
The provisions of § 5-3B-12, that requires the parent to petition the court for approval before placing the child for adoption, and § 5-3B-24, that requires the adoption petitioner to file with the court an accounting of all payments, are not applicable when the child is placed for adoption with a relative of the child.
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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 391 KB) publication.
What Are Reasonable Efforts
Citation: Family Law § 5-525(b)
The department shall provide time-limited family reunification services to a child placed in an out-of-home placement and to the parent or guardian of the child, in order to facilitate the child's safe and appropriate reunification within a timely manner.
When Reasonable Efforts Are Required
Citation: Family Law § 5-525(d)
Reasonable efforts shall be provided to preserve or reunify a family:
* Prior to an out-of-home placement to prevent or eliminate the need for removing the child from home
* To make it possible for a child to safely return home
* To finalize a permanent placement for the child if continuation of reasonable efforts is determined to be inconsistent with the permanency plan
When Reasonable Efforts Are NOT Required
Citation: Courts & Jud. Proc. § 3-812(d)
A local department may ask the court to find that reasonable efforts to reunify a child with the child's parent or guardian are not required if the local department concludes that a parent or guardian has:
* Subjected the child to chronic abuse, chronic and life-threatening neglect, sexual abuse, or torture
* Been convicted, in any State or any court of the United States, of a crime of violence against the child, a minor offspring of the parent or guardian, or another parent or guardian of the child
* Been convicted of aiding or abetting, conspiring, or soliciting to commit a crime described above
* Involuntarily lost parental rights of a sibling of a child
Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
Who Can Nominate a Standby Guardian
Citation: Ann. Code, Est. & Trusts § 13-903
The parent may file a petition for appointment of a standby guardian. Each person having parental rights over the minor must join in the petition.
How to Establish a Standby Guardian
Citation: Ann. Code, Est. & Trusts § 13-903; 13-904
The petition for the judicial appointment of a standby guardian shall state:
* The duties of the standby guardian
* Whether the authority of the standby guardian is to become effective on the petitioner's incapacity or death, whichever occurs first
* That there is a significant risk that the petitioner will become incapacitated or die within 2 years of the filing of the petition, and the basis for this statement
If the court finds that there is a significant risk that the petitioner will become incapacitated or die within 2 years of the filing of the petition and that the interests of the minor will be promoted by the appointment of a standby guardian, the court shall issue a decree accordingly.
A parent may also designate a standby guardian by means of a written designation that is signed in the presence of two witnesses who are at least age 18, neither of whom is the standby guardian, and signed by the standby guardian. The written designation shall identify the parent, the minor, and the person designated to be the standby guardian, state the duties of the standby guardian, and indicate that the parent intends for the standby guardian to become the minor's guardian in the event the parent either:
* Becomes incapacitated
* Becomes debilitated and consents to the beginning of the standby guardian's authority
How Standby Authority is Activated
Citation: Ann. Code, Est. & Trusts § 13-903; 13-904
The standby guardian's authority becomes effective at:
* The parent's death
* The parent's incapacity
* On receipt of the written consent of the parent
If the petition to appoint has already been approved, the standby guardian has 90 days after the parent’s death or incapacity to file confirming documents with the court.
The authority of the standby guardian under a written designation shall begin on the standby guardian's receipt of:
* A copy of a determination of debilitation under § 13-906 of this subtitle
* A copy of the parent's written consent to the beginning of the standby guardianship, signed by the parent in the presence of two witnesses who are at least age 18, neither of whom is the standby guardian, and signed by the standby guardian
* A copy of the birth certificate for each child for whom the standby guardian is designated
The standby guardian shall file a petition for judicial appointment within 180 days of the date of the beginning of the standby guardianship under this section.
Involvement of the Noncustodial Parent
Citation: Ann. Code, Est. & Trusts § 13-903
Any person with parental rights over the minor must join in the petition to appoint a standby guardian. If a person with parental rights cannot be located after reasonable efforts have been made, the court may proceed to appoint a standby guardian.
Authority Relationship of the Parent and the Standby
Citation: Ann. Code, Est. & Trusts § 13-907
The standby guardian's authority is limited and does not divest the parent of any parental or guardianship rights.
Withdrawing Guardianship
Citation: Ann. Code, Est. & Trusts §§ 13-903; 13-904
Before the petition is filed, the parent may notify the standby guardian verbally or in writing. After the petition has been granted, the parent must file a written revocation with the court and notify the standby guardian.
The standby guardian may renounce an appointment at any time before assuming authority by filing a written renunciation with the court and notifying the parent in writing.
Adoption Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.
Who May Access Information
Citation: Fam. Law §§ 5-4C-05; 5-356; 5-357
Only the following persons may register with the adoption registry for exchange of identifying information:
* Birth parents and siblings
* An adoptee, age 21 or older, who does not have a birth sibling under the age of 21 with the same adoptive parents
Nonidentifying and medical information shall be available to:
* The adoptive parents
* The adoptee
* The birth parents
Access to Nonidentifying Information
Citation: Fam. Law §§ 5-329; 5-356; 5-357; 5-358
A local department shall make reasonable efforts to compile and make available to a prospective adoptive parent a comprehensive medical and mental health history of the prospective adoptive child. On request of an adoptive parent, a local department shall make reasonable efforts to compile a pertinent medical and mental health history of each of the adoptive child's birth parents, if available to the local department, and to make that history available to the adoptive parent. A medical or mental health history may not contain identifying information about a parent or former parent.
On request of an adoptee, adoptive parent, or birth parent, a local department shall provide information in its adoption record on the adoptee. The records that are accessed may not contain any identifying information.
If, after a hearing on a petition of an adoptee or birth parent, a court is satisfied that the adoptee, a blood relative of the adoptee, or a birth parent urgently needs medical information not in department and court records, the court may appoint an intermediary to try to contact the adoptee or a birth parent for the information.
Mutual Access to Identifying Information
Citation: Fam. Law §§ 5-4C-06; 5-4C-07
To register with the Registry, an individual shall submit a notarized affidavit containing identifying information, including the individual's current name, any previous name by which the individual was known, address, and telephone number. A registrant may withdraw at any time by submitting an affidavit.
On receipt of an affidavit, the administration shall:
* Attempt to match registrants or to provide matching information
* If a match is made, direct the child-placing agency or the local department to notify the registrants through a confidential contact
Access to Original Birth Certificate
Citation: Fam. Law §§ 5-359; 5-3A-42; 5-3B-29
For adoptions finalized on or after 1-1-2000:
* An adoptee who is at least age 21 may apply to the Secretary for a copy of his or her original birth certificate.
* If an adoptee is at least age 21, a birth parent may apply to the Secretary for a copy of the adoptee's original birth certificate.
A birth parent may file with the Director a disclosure veto to bar disclosure of information about that parent in an accessible record. The birth parent may also cancel a disclosure veto and refile a disclosure veto at any time.
An adult adoptee may file a disclosure veto to bar disclosure of information about him or her in an accessible record. The adoptee may also cancel a disclosure veto and refile a disclosure veto at any time.
Except as provided below, the Secretary shall give to each applicant who meets the requirements of this section a copy of each record that the applicant requested and that the Secretary has on file.
Whenever a birth parent applies for a record, the Secretary shall redact from the copy all information as to:
* The other birth parent if that parent has filed a disclosure veto
* The adoptee and each adoptive parent if the adoptee has filed a disclosure veto
Whenever an adoptee applies for a record, the Secretary shall redact from the copy all information as to the birth parent if that parent has filed a disclosure veto.
Where the Information Can Be Located
Maryland Mutual Consent Voluntary Adoption Registry
Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.
Agency or Person Gathering Information or Preparing Report
Citation: Family Law § §§ 5-3A-31; 5-3A-39
Reports shall be completed by the child-placing agency.
Contents of Report About Person to be Adopted
Citation: Family Law §§ 5-3A-39
The child-placing agency shall make reasonable efforts to compile and make available to a prospective adoptive parent:
* All of the prospective adopted person's medical and mental health records
* A comprehensive medical and mental health history of the prospective adopted person
Contents of Report About Birth Parents
Citation: Family Law § 5-3A-39
On request of a prospective adoptive parent, the child-placing agency shall make reasonable efforts to compile a pertinent medical and mental health history of each of the prospective adopted person's parents, if available to the agency, and to make the history available to the prospective adoptive parent.
Contents of Report About Adoptive Parents
Citation: Family Law § 5-3A-31
Before a court enters an order for adoption of a child, the child-placing agency shall file a written report on:
* The suitability of the petitioner to adopt the child
* The relationship between the petitioner and child
Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.
Who Must Consent to an Adoption
Citation: Fam. Law § 5-338
Consent to an adoption is required from the following persons:
* The natural mother and father
* If parental rights have been terminated, the head of the agency that has been awarded guardianship
* The director of the local department with custody of the child
Age When Consent of Adoptee is Considered or Required
Citation: Fam. Law § 5-338(3)
The court may grant an adoption only if the child is represented by an attorney and he or she:
* Consents to the adoption, if at least age 10
* Does not object to the adoption, if under age 10
When Parental Consent is not Needed
Citation: Fam. Law § 5-3B-22
A court may allow adoption without parental consent if the court finds by clear and convincing evidence that the parent:
* Has not had custody of the prospective adoptee for at least 1 year
* Has not maintained meaningful contact with the child while the petitioner had custody, notwithstanding an opportunity to do so
* Has failed to contribute to the child's physical care and support, notwithstanding the ability to do so
* Has subjected the child to chronic abuse, chronic and life-threatening neglect, sexual abuse, or torture
* Has been convicted of abuse of any offspring
* Has been convicted, in any State or any court of the United States, of:
o A crime of violence against a minor offspring of the parent, the child, or another parent of the child
o Aiding or abetting, conspiring, or soliciting to commit a crime described above
* Has, other than by consent, lost parental rights to a sibling of the child
When Consent Can Be Executed
Citation: Fam. Law § 5-3B-21(2)
Consent to adoption is not valid unless the consent is given after the prospective adopted person is born.
How Consent Must Be Executed
Citation: Fam. Law § 5-339
Consent to an adoption is not valid unless:
* The consent is given in a language that the party understands.
* If given in a language other than English, the consent:
o Is given before a judge on the record
o Is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate
* The consent names the child.
* The consent contains enough information to identify the prospective adoptive parent.
* The party has received written notice or on the record notice of:
o Provisions for revocation of consent
o The search rights of adopted persons and parents under § 5-359 and the search rights of adopted persons, parents, and siblings under Subtitle 4B
o The right to file a disclosure veto under § 5-359
* The consent is accompanied by an affidavit of counsel stating that a parent who is a minor or has a disability consents knowingly and voluntarily.
Revocation of Consent
Citation: Fam. Law §§ 5-339; 5-351
A parent may revoke consent to adoption at any time within the later of:
* 30 days after the parent signs the consent
* 30 days after the adoption petition is filed, after which consent is irrevocable
A local department, a guardian, or the child may revoke consent to an adoption at any time before a juvenile court enters an order of adoption.
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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.
Jurisdiction
Citation: Fam. Law § 1-201
An equity court has jurisdiction over the adoption of a child, except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance.
Venue
Citation: Cts. & Jud. Pro. § 6-203(e)
The venue for a proceeding for adoption of an individual who is physically within this State or subject to the jurisdiction of an equity court is in a county where:
* The petitioner is domiciled.
* The petitioner has resided for at least 90 days immediately prior to the filing of the petition.
* A licensed child-placing agency having legal or physical custody of the individual is located.
* The individual is domiciled, if the individual is related to the petitioner by blood or marriage or is an adult.
* An equity court has continuing jurisdiction over the custody of the individual.
State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.
Effect and Recognition of a Foreign Adoption Decree
Citation: Family Law § 5-3B-04(c)
An order for adoption entered in compliance with a foreign jurisdiction's laws shall have the same legal effect as an order for adoption entered in this State.
Readoption After an Intercountry Adoption
Citation: Family Law § 5-3B-04(d)
An individual is not required to petition a court in this State for adoption of a child if:
* The individual adopted the child in compliance with the laws of a foreign jurisdiction.
* The U.S. Citizenship and Immigration Services verifies the validity of that adoption by granting, under the Federal Immigration and Nationality Act, an IR-3 visa for the child.
Application for a U.S. Birth Certificate
Citation: Health-Gen. Code Ann. § 4-211(i)
The Secretary of Health and Mental Hygiene shall, upon request, prepare and register a certificate in this State for a person born in a foreign country and who was adopted by a State resident:
* Through a court of competent jurisdiction in this State
* Under the laws of a jurisdiction or country other than the United States and has been granted an IR-3 visa by the U.S. Immigration and Naturalization Service* under the Immigration and Nationality Act
The certificate shall be established upon receipt of:
* A certificate of adoption from the court decreeing the adoption
* Proof of the date and place of the child's birth
* A request from the court, the adopting parents, or the adopted person if he or she is age 18 or older
If the child was adopted under the laws of a jurisdiction or country other than the United States and has been granted an IR-3 visa , the certificate shall be established upon receipt of:
* An official copy of the decree from the jurisdiction or country in which the child was adopted
* A certified translation of the foreign adoption decree
* Proof of the date and place of the child's birth
* Proof of IR-3 visa status
* A request from the court, the adopting parents, or the adopted person if he or she is age 18 or older
* Proof that the adopting parent is a resident of this State
The certificate shall be labeled ''Certificate of Foreign Birth'' and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of U.S. citizenship for the child for whom it is issued.
[* As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.]
Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.
Birth Parents in Relation to Adopted Person
Citation: Fam. Law §§ 5-341, 5-352, 5-3A-36, 5-3B-25; Est. & Trusts § 1-207
After an order of adoption has been entered, each of the adopted person's living birth parents is relieved of all parental duties and obligations to the adopted person and divested of all parental rights as to the adopted person.
Upon adoption, a child no longer shall be considered a child of either birth parent, except that upon adoption by the spouse of a birth parent, the child shall still be considered the child of that birth parent.
Adoptive Parents in Relation to Adopted Person
Citation: Fam. Law §§ 5-341, 5-352, 5-3A-36, 5-3B-25; Est. & Trusts § 1-207
After an order for adoption has been entered, the adopted person is considered the child of the adoptive parent(s) for all intents and purposes and is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent(s). An adopted child shall be treated as a birth child of his adopting parent(s).
Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.
What may be included in postadoption contact agreements?
Citation: Fam. Law § 5-308
The prospective adoptive parent and the parent of a prospective adopted person may enter into a written agreement to allow contact after the adoption.
An agreement made under this section applies to contact with an adopted person only while the adopted person is a minor.
Who may be a party to a postadoption contact agreement?
Citation: Fam. Law §§ 5-308; 5-525.2
The prospective adoptive parent and birth parent may enter into a written agreement to allow contact after the adoption between:
* The parent or other relative of the adopted person
* The adopted person or adoptive parent
An adoptive parent and former parent of an adopted person may enter into a written agreement to allow contact between:
* A relative or former parent of the adopted person
* The adopted person or adoptive parent
Any siblings who are separated due to a foster care or adoptive placement may petition a court, including a juvenile court with jurisdiction over one or more of the siblings, for reasonable sibling visitation rights.
What is the role of the court in postadoption contact agreements?
Citation: Fam. Law §§ 5-308; 5-525.2
If a dispute as to an agreement made under this § 5-525.2 [relating to visitation rights of siblings] arises, a court may refer the parties to mediation to try to resolve the dispute.
If a petitioner under this section petitions a court to issue a visitation decree or to amend an order, the court:
* May hold a hearing to determine whether visitation is in the best interests of the children
* Shall weigh the relative interests of each child and base its decision on the best interests of the children, thus promoting the greatest welfare and least harm to the children
* May issue an appropriate order or decree
Are agreements legally enforceable?
Citation: Fam. Law § 5-308
A juvenile court or other court of competent jurisdiction shall enforce a written agreement made in accordance with this section unless enforcement is not in the adopted person’s best interests.
How may an agreement be terminated or modified?
Citation: Fam. Law § 5-308
If a party moves in juvenile court or another court of competent jurisdiction to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adopted person’s best interests, the court may modify the agreement.
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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.
Birth Parent Expenses Allowed
Citation: Fam. Law §§ 5-3A-45; 5-3B-32
In an agency adoption, the payment of a customary and reasonable charge or fee for hospital, legal, or medical services is permitted. In an independent adoption, the payment of a reasonable and customary charge or fee for adoption counseling, hospital, legal, or medical services is permitted.
Birth Parent Expenses Not Allowed
Citation:
This issue is not addressed in the statutes reviewed.
Allowable Payments for Arranging Adoption
Citation: Fam. Law §§ 5-362; 5-3A-45; 5-3B-32
Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
* Placement of an individual to live with a preadoptive parent
* An agreement for custody in contemplation of adoption
Allowable Payments for Relinquishing Child
Citation: Crim. Law § 3-603
A person may not sell, barter, or trade, or offer to sell, barter, or trade, a minor for money, property, or anything else of value.
Allowable Fees Charged by Department/Agency
Citation: Fam. Law § 5-3A-45
In an agency adoption, the agency may accept reasonable reimbursement for costs of an adoptive service in connection with adoption, if:
* The reimbursement is in accordance with standards set by regulation of the Social Services Administration.
* The ability to provide this reimbursement does not affect the acceptability of any individual for adoptive services or the choice of the most suitable prospective adoptive parent.
Accounting of Expenses Required by Court
Citation: Fam. Law § 5-3B-24
In an independent adoption, a court may not enter an order under this subtitle until the petitioner files with the court an accounting of all payments and disbursements of any item of value made by or for the petitioner in connection with the adoption.
Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.
Legal definition of "father"
Est. and Trusts § 1-208
A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of his or her mother.
A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of his or her father only if the father:
* Has been judicially determined to be the father in an action brought under the statutes relating to paternity proceedings
* Has acknowledged himself, in writing, to be the father
* Has openly and notoriously recognized the child to be his child
* Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father
Putative father registry No
Alternate means to establish paternity
Family Law § 5-1028
An unmarried father and mother shall be provided an opportunity to execute an affidavit of parentage in the manner provided under § 4-208 of the Health - General Article. The affidavit shall be completed on a standardized form developed by the department.
An executed affidavit of parentage constitutes a legal finding of paternity.
Required Information
Family Law § 5-1028(c)
The completed affidavit of parentage form shall contain:
* A statement that the affidavit is a legal document and constitutes a legal finding of paternity
* The full name and the place and date of birth of the child
* The full name of the attesting father of the child
* The full name of the attesting mother of the child
* The signatures of the father and the mother of the child attesting, under penalty of perjury, that the information provided on the affidavit is true and correct
* A statement by the mother consenting to the assertion of paternity and acknowledging that her cosignatory is the only possible father
* A statement by the father that he is the natural father of the child
* The Social Security numbers provided by each of the parents
Before completing an affidavit of parentage form, the unmarried mother and the father shall be advised orally and in writing of the legal consequences of executing the affidavit and of the benefit of seeking legal counsel.
Revocation of claim to paternity
Family Law § 5-1028
An executed affidavit of parentage is subject to the right of any signatory to rescind the affidavit:
* In writing within 60 days after execution of the affidavit
* In a judicial proceeding relating to the child in which the signatory is a party and that occurs before the expiration of the 60-day period
After the expiration of the 60-day period, an executed affidavit of parentage may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the challenger. The legal responsibilities of any signatory arising from the affidavit, including child support obligations, may not be suspended during the challenge, except for good cause shown.
Access to information
This issue is not addressed in the statutes reviewed.
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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.
Use of Advertisement
This issue is not addressed in the statutes reviewed.
Use of Intermediaries/Facilitators
Citation: Fam. Law §§ 5-362; 5-3A-45; 5-3B-32
Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
* Placement of an individual to live with a preadoptive family
* An agreement for custody in contemplation of adoption
This section does not prohibit payment by an interested person of a reasonable and customary charge or fee for adoption counseling, hospital, legal, or medical services.
Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 327 KB) publication.
Who May Adopt
Citation: Family Law §§ 5-331; 5-3A-29; 5-3B-13
Any adult may petition to adopt a child. If a petitioner is married, the petitioner's spouse shall join in the petition unless the spouse:
* Is separated from the petitioner
* Is not competent to join in the petition
* Is a parent of the child and consents to the adoption
Who May Be Adopted
Citation: Family Law §§ 5-331; 5-3A-29; 5-3B-13
Any adult or child may be adopted.
Who May Place a Child for Adoption
Citation: Family Law §§ 5-331; 5-3A-29; 5-3B-13
The child may be placed by any of the following:
* A parent or grandparent when the child is placed for adoption with a relative of the child by blood or marriage
* A parent or grandparent when the child is placed with a petitioner who is not a relative of the child and the adoption petition is filed with and the placement sanctioned by the court
* A local Department of Social Services that has custody of the child
* A child-placing agency
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