§ 3-823. Permanent child placements
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Courts and Judicial Proceedings, § 3-823
§ 3-823. Permanent child placements
(a) In this section, “out-of-home placement” has the meaning stated in § 5-501 of the Family Law Article.
(b)(1) The court shall hold a permanency planning hearing to determine the permanency plan for a child:
(c)(1) On the written request of a party or on its own motion, the court may schedule a hearing at any earlier time to determine a permanency plan or to review the implementation of a permanency plan for any child committed under § 3-819 of this subtitle.
(d) At least 10 days before the permanency planning hearing, the local department shall provide all parties and the court with a copy of the local department's permanency plan for the child.
(e)(1) At a permanency planning hearing, the court shall:
(f) The court may not order a child to be continued in a placement under subsection (e)(1)(i)5 of this section unless the court finds that the person or agency to which the child is committed has documented a compelling reason for determining that it would not be in the best interest of the child to:
(g) In the case of a child for whom the court determines that the plan should be changed to adoption under subsection (e)(1)(i)3 of this section, the court shall:
(h)(1) The court shall conduct a hearing to review the permanency plan at least every 6 months until commitment is rescinded or a voluntary placement is terminated.
(i) At a review hearing under this section, the court shall consider any written report of a local out-of-home care review board required under § 5-545 of the Family Law Article.
(j)(1) At least every 12 months at a hearing under this section, the court shall consult on the record with the child in an age-appropriate manner to obtain the child's views on permanency.
(ii) If the court visits the child at the child's placement under subparagraph (i)1 of this paragraph or uses video conferencing under subparagraph (i)2 of this paragraph, the court shall give each party notice and an opportunity to attend the visit or the video conferencing, unless the court determines that it is not in the best interest of the child for a party to attend the visit or the video conferencing.
(3) Subject to the provisions of paragraph (2)(ii) of this subsection, if the child's placement is outside the State and, after a hearing or with the agreement of all parties, the court determines that it is not in the best interest of the child to be transported to the court, the court may use video conferencing to consult with the child on the record during the hearing.
(k) An order directing the provision of services to a child under subsection (h)(2)(viii) of this section is effective until:
Credits
Added by Acts 2001, c. 415, § 3, eff. Oct. 1, 2001. Amended by Acts 2002, c. 399, § 1, eff. Oct. 1, 2002; Acts 2003, c. 49, § 1, eff. Oct. 1, 2003; Acts 2003, c. 250, § 1, eff. Oct. 1, 2003; Acts 2004, c. 31, § 1, eff. April 13, 2004; Acts 2005, c. 25, § 12, eff. April 12, 2005; Acts 2005, c. 404, § 1, eff. Oct. 1, 2005; Acts 2005, c. 464, § 3, eff. Jan. 1, 2006; Acts 2005, c. 504, § 2, eff. Oct. 1, 2005; Acts 2005, c. 507, § 1, eff. Oct. 1, 2005; Acts 2005, c. 576, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 1, eff. April 8, 2006; Acts 2008, c. 16, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, §§ 1, 5, eff. April 14, 2009; Acts 2010, c. 655, § 1, eff. Oct. 1, 2010; Acts 2012, c. 169, § 1, eff. Oct. 1, 2012; Acts 2013, c. 37, § 1, eff. Oct. 1, 2013; Acts 2016, c. 157, § 1, eff. June 1, 2016; Acts 2016, c. 381, § 1, eff. Oct. 1, 2016; Acts 2016, c. 382, § 1, eff. Oct. 1, 2016; Acts 2017, c. 62, § 6; Acts 2017, c. 655, § 1, eff. Oct. 1, 2017; Acts 2019, c. 497, § 1, eff. Oct. 1, 2019; Acts 2022, c. 135, § 5; Acts 2022, c. 228, § 1, eff. Oct. 1, 2022.
MD Code, Courts and Judicial Proceedings, § 3-823, MD CTS & JUD PRO § 3-823
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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