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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
Currentness
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 with legislation effective through June 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document