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§ 5-362. Prohibited payments

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3. Guardianship to and Adoption Through Local Department (Refs & Annos)
Part VI. Prohibited Acts (Refs & Annos)
MD Code, Family Law, § 5-362
§ 5-362. Prohibited payments
Prohibited act
(a) 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:
(1) placement of an individual to live with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article; or
(2) an agreement for custody in contemplation of adoption.
Construction of section
(b)(1) In this subsection, “Administration” means the Social Services Administration of the Department.
(2) This section does not:
(i) prohibit payment, by an interested person, of a customary and reasonable charge or fee for hospital, legal, or medical services; or
(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:
1. the reimbursement is in accordance with standards set by regulation of the Administration; and
2. the ability to provide this reimbursement does not affect:
A. the acceptability of any individual for adoptive services; or
B. the choice of the most suitable prospective adoptive parent.
Duty of State's Attorney
(c) Each State's Attorney shall enforce this section.
Penalties
(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006.
MD Code, Family Law, § 5-362, MD FAMILY § 5-362
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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