§ 5-525. Creation of foster care program
West's Annotated Code of MarylandFamily LawEffective: October 1, 2018
Effective: October 1, 2018
MD Code, Family Law, § 5-525
§ 5-525. Creation of foster care program
(a)(1) In this section, “disability” means:
(b)(1) The Administration shall establish a program of out-of-home placement for minor children:
(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.
(v) On receipt of a request for a voluntary placement agreement for a child with a developmental disability or a mental illness, a local department shall discuss the child's case at the next meeting of the local care team for the purpose of determining whether any alternative or interim services for the child and family may be provided by any agency.
(iv) A former CINA 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 former CINA continues to comply with the voluntary placement agreement and a juvenile court makes a finding that the continuation of the placement is in the best interests of the former CINA.
2. If a local department has knowledge that a former CINA described in subparagraph (i) of this paragraph is homeless, as defined in 42 U.S.C. § 11434a, including by obtaining information regarding the former CINA's homelessness in an application for public assistance or through contact between the former CINA and a caseworker, the local department shall contact the former CINA and advise the former CINA of the right to reenter care and procedures for reentering care under this paragraph.
(c) In establishing the out-of-home placement program the Administration shall:
(d)(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 has a disability 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.
(e)(1) Unless a court orders that reasonable efforts are not required under § 3-812 of the Courts Article or § 5-323 of this title, reasonable efforts shall be made to preserve and reunify families:
(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, including consideration of both in-State and out-of-state placements, and to complete the steps to finalize the permanent placement of the child.
(f)(1) 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, including consideration of both in-State and out-of-state placements. The local department shall consider the following factors in determining the permanency plan that is in the best interests of the child:
(g)(1) The local department shall:
(h) Unless a child has received a review from the local board of review of foster care under § 5-544 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.
(i)(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.
(j) The Administration shall adopt regulations that:
(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 has a disability 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;
(k)(1) At least one time each year, the Administration shall provide to a child in an out-of-home placement who is at least 13 years old information regarding benefits available to the child on leaving out-of-home care.
(2) The information provided under paragraph (1) of this subsection shall include information regarding tuition assistance, health care benefits, housing, job training and internship opportunities, and the right to reenter care and procedures for reentering care under subsection (b)(3) of this section.
(l)(1) The Department shall develop a Foster Youth Bill of Rights delineating the rights of children in out-of-home placements.
Credits
Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Amended by Acts 1987, c. 608, § 1, eff. July 1, 1987; Acts 1987, c. 625, § 1, eff. July 1, 1987; Acts 1987, c. 696, § 1, eff. July 1, 1987; Acts 1988, c. 6, § 1, eff. Feb. 18, 1988; Acts 1988, c. 182, § 1, eff. July 1, 1988; Acts 1991, c. 423, § 1, eff. July 1, 1991; Acts 1994, c. 575, § 1, eff. Oct. 1, 1994; Acts 1998, c. 539, § 1, eff. July 1, 1998; Acts 1999, c. 358, § 1, eff. Oct. 1, 1999; Acts 2001, c. 415, § 6, eff. Oct. 1, 2001; Acts 2003, c. 250, § 1, eff. Oct. 1, 2003; Acts 2004, c. 304, § 1, eff. Oct. 1, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2005, c. 464, § 3, eff. Jan. 1, 2006; Acts 2005, c. 507, § 1, eff. Oct. 1, 2005; Acts 2005, c. 576, § 1, eff. Oct. 1, 2005; Acts 2005, c. 600, § 1, eff. July 1, 2005; Acts 2007, c. 461, § 1, eff. Oct. 1, 2007; Acts 2008, c. 16, § 1, eff. Oct. 1, 2008; Acts 2009, c. 567, § 1, eff. Oct. 1, 2009; Acts 2009, c. 568, § 1, eff. Oct. 1, 2009; Acts 2010, c. 326, § 1, eff. Oct. 1, 2010; Acts 2010, c. 327, § 1, eff. Oct. 1, 2010; Acts 2011, c. 604, § 1, eff. July 1, 2011; Acts 2013, c. 22, § 2, eff. Oct. 1, 2013; Acts 2014, c. 451, § 1, eff. Oct. 1, 2014; Acts 2015, c. 46, § 1, eff. Oct. 1, 2015; Acts 2016, c. 381, § 1, eff. Oct. 1, 2016; Acts 2016, c. 382, § 1, eff. Oct. 1, 2016; Acts 2016, c. 423, § 1, eff. Oct. 1, 2016; Acts 2018, c. 418, § 1, eff. Oct. 1, 2018.
Formerly Art. 88A, § 61.
MD Code, Family Law, § 5-525, MD FAMILY § 5-525
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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