(a)(1) In this section the following words have the meanings indicated.
(2) “Sibling” means a brother or sister of the whole or half blood or by adoption.
(3) “Treatment foster care home” means an out-of-home placement facility that is part of a program designed and implemented by a child placement agency to provide intensive casework and treatment in a family setting to children with special physical, emotional, or behavioral needs.
Department shall place siblings together
(b)(1) A local department shall place together siblings who are in an out-of-home placement under § 5-525 of this subtitle if:
(i) it is in the best interests of the siblings to be placed together; and
(ii) placement of the siblings together does not conflict with a specific health or safety regulation.
(2) If placement of the siblings together conflicts with a specific health or safety regulation, the local department may place the siblings together if the local department makes a written finding describing how placement of the siblings together serves the best interests of the siblings.
(3) Notwithstanding any other provision of law, in order to place siblings together the local department may place more than two children who require treatment in an eligible treatment foster care home if:
(i) the local department makes a written finding explaining why placement of the siblings together:
1. is in the best interests of the siblings; and
2. will not harm other children placed at the same treatment foster care home; and
(ii) the local department notifies the Administration of the placement.
Visitation rights of siblings who are separated
(c)(1) 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.
(2) If a petitioner under this subsection petitions a court to issue a visitation decree or to amend an order, the court:
(i) may hold a hearing to determine whether visitation is in the best interest of the children;
(ii) shall weigh the relative interests of each child and base its decision on the best interests of the children promoting the greatest welfare and least harm to the children; and
(iii) may issue an appropriate order or decree.
Credits
Added by Acts 1994, c. 427, § 1, eff. Oct. 1, 1994. Amended by Acts 2005, c. 600, § 1, eff. July 1, 2005; Acts 2017, c. 491, § 1, eff. Oct. 1, 2017; Acts 2017, c. 492, § 1, eff. Oct. 1, 2017.
MD Code, Family Law, § 5-525.2, MD FAMILY § 5-525.2
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.
