Child Adoption Laws Maryland

Part 1(Below) Part 2 (Click Here)

§ 5-301.
(a) In this subtitle the following words have the meanings indicated.

(b) "Child placement agency" means:

(1) a local department of social services; or

(2) a private agency that:

(i) engages in the placement of children in homes or with individuals; and

(ii) is licensed by the Social Services Administration under § 5-507 of this title.

(1) a mental disorder, as defined in § 10-101 of the Health - General Article;

(2) mental retardation, as defined in § 7-101 of the Health - General Article;

(3) alcohol dependence, as defined in § 8-101 of the Health - General Article; or

(4) drug dependence, as defined in § 8-101 of the Health - General Article.

(d) "Father" means the man who is the birth father of a child under § 5-310 of this subtitle.

(e) "Guardianship" means guardianship with the right to consent to adoption or long-term care short of adoption.

(f) "Independent adoption" means an adoption in which the arrangement for adoption is not made by a child placement agency.

(g) (1) "Joint guardianship" means limited guardianship granted to a caregiver under § 5-317 of this subtitle.

(2) "Joint guardianship" may include the authority to consent to medical care and make educational and other decisions for the child.

(3) "Joint guardianship" does not include the authority to consent to adoption or long-term care short of adoption.

(h) "Minor parent" means a parent who, at the time of giving consent to guardianship or adoption of the parent's child, is a minor.

(i) "Nonidentifying information" means any information that does not reveal the location or identity of an individual.

(j) "Placement for adoption" means the placement of a child to live with a family or individual approved for adoption by a child placement agency, with the intent that the child be adopted by the family or individual.

§ 5-302.
Except as otherwise provided in this subtitle, this subtitle does not affect any adoption for which a final decree was entered before June 1, 1947, nor any adoption proceedings pending as of that date.

§ 5-303.
(a) The General Assembly finds that the policies and procedures of this subtitle that concern adoption are socially necessary and desirable.

(b) The purposes of this subtitle are to:

(1) provide children with stable homes that protect their safety and health;

(2) protect children from unnecessary separation from their natural parents;

(3) permit adoption only by individuals who are fit for the responsibility;

(4) protect natural parents from making a hurried or ill-considered decision to give up a child; and

(5) protect adoptive parents:

(i) by providing them information about the child and the child's background; and

(ii) from a future disturbance of their relationship with the child by a natural parent.

§ 5-304.
This subtitle is related to and should be read in relation to Subtitle 5 of this title.

§ 5-307.
(a) Any individual, whether a minor or an adult, may be adopted.

(b) Only a minor may be placed under a guardianship.

§ 5-308.
(a) This section does not limit the right of an individual to provide for distribution of property by will.

(b) Except as otherwise provided in this section, after a decree of adoption is entered:

(1) the individual adopted:

(i) is the child of the petitioner for all intents and purposes; and

(ii) is entitled to all the rights and privileges of and is subject to all the obligations of a child born to the petitioner in wedlock;

(2) each living natural parent of the individual adopted is:

(i) relieved of all parental duties and obligations to the individual adopted; and

(ii) divested of all parental rights as to the individual adopted; and

(3) all rights of inheritance between the individual adopted and the natural relatives shall be governed by the Estates and Trusts Article.

(d) (1) In this subsection, "instrument" means a deed, grant, will, or other written instrument.

(2) In any instrument executed on or after June 1, 1947, unless the instrument clearly indicates otherwise, "child", "descendant", "heir", "issue", or any equivalent term includes an adopted individual whether the instrument was executed before or after the decree of adoption was entered.

(3) In any instrument executed before June 1, 1947, unless the instrument clearly indicates otherwise, "child", "descendant", "heir", "issue", or any equivalent term includes an adopted individual if the interlocutory decree of adoption, if any, or, if none, the final decree of adoption was entered on or after June 1, 1947.

(e) (1) Unless and until an interlocutory decree of adoption is revoked, it has the same effect as a final decree of adoption.

(2) On entry of a final decree of adoption, the legal effects of an interlocutory decree of adoption are confirmed and continued.

§ 5-309.
(a) Any adult may petition a court to decree an adoption.

(b) A court may not deny a petition for adoption solely because the petitioner is single or does not have a spouse.

§ 5-310.
(a) "Natural father" of an individual means a man who:

(1) was married to the individual's natural mother at the time of conception;

(2) was married to the individual's natural mother at the time of the individual's birth;

(3) is named as the father on the individual's birth certificate, unless the man signs a denial of paternity or his nonpaternity has been established to the satisfaction of the court by affidavit or testimony;

(4) is identified by the natural mother as the father of the individual, unless the man signs a denial of paternity or his nonpaternity has been established to the satisfaction of the court by affidavit or testimony;

(5) has been adjudicated to be the father of the individual; or

(6) has acknowledged himself to be the father of the individual, orally or in writing, and the natural mother of the individual agrees that he is the individual's natural father.

(b) (1) A petitioner under this subtitle shall notify the court if an individual who does not meet the criteria for being a natural father under this section claims to be the natural father.

(2) After receipt of notice under this subsection, the court shall hold a hearing on the issue of paternity.

§ 5-311.
(a) Unless the natural parents' rights have been terminated by a judicial proceeding, an individual may not be adopted without the consent of:

(1) the natural mother;

(2) the natural father; and

(3) the individual, if the individual is at least 10 years old.

(b) (1) If the natural parents' rights have been terminated by a judicial proceeding, an individual may not be adopted without the consent of:

(i) the executive head of the child placement agency that has been awarded guardianship of the individual; and

(ii) the individual, if the individual is at least 10 years old.

(2) The executive head of the child placement agency may not withhold consent for the sole reason that the race or religion of the prospective adoptive parents is different from that of the individual to be adopted or of the birth parents, where to do so would be contrary to the best interests of the child.

(c) (1) Except as provided in paragraph (2) of this subsection, within 30 calendar days after the required consent to an adoption is signed, the individual or agency executing the consent may revoke the consent.

(2) An individual to be adopted may revoke the individual's consent at any time before a final decree of adoption or an interlocutory decree of adoption is entered.

(3) Except as provided in paragraphs (1) and (2) of this subsection, the required consent to an adoption filed under this section may not be revoked at any time by the individual or agency executing the consent.

§ 5-312.
(a) (1) This section applies only to independent adoptions in which a natural parent affirmatively withholds consent by filing a notice of objection.

(2) This section does not permit a licensed or approved foster parent to petition a court for adoption of a child who was placed with the foster parent by a child placement agency unless the child placement agency consents.

(b) Without the consent of the child's natural parent, a court may grant a decree of adoption to a stepparent, relative, or other individual who has exercised physical care, custody, or control of a child for at least 6 months, if by clear and convincing evidence the court finds that:

(1) it is in the best interest of the child to terminate the natural parent's rights as to the child;

(2) the child has been out of the custody of the natural parent for at least 1 year;

(3) the child has developed significant feelings toward and emotional ties with the petitioner; and

(4) the natural parent:

(i) has not maintained meaningful contact with the child during the time the petitioner has had custody despite the opportunity to do so;

(ii) has repeatedly failed to contribute to the physical care and support of the child although financially able to do so;

(iii) has been convicted of child abuse of the child or another child of the natural parent; or

(iv) has:

1. subjected the child to:

A. torture, chronic abuse, or sexual abuse; or

B. chronic and life-threatening neglect;

2. been convicted:

A. in this State of a crime of violence, as defined in § 14-101 of the Criminal Law Article, against the child, the other natural parent of the child, another child of the natural parent, or any person who resides in the household of the natural parent;

B. in any state or in any court of the United States of a crime that would be a crime of violence, as defined in § 14-101 of the Criminal Law Article, if committed in this State against the child, the other natural parent of the child, another child of the natural parent, or any person who resides in the household of the natural parent; or

C. of aiding or abetting, conspiring, or soliciting to commit a crime described in item A or B of this item; or

3. involuntarily lost parental rights of a sibling of the child.

(c) (1) If the court finds that any of the circumstances enumerated in subsection (b)(4)(iii) or (iv) of this section exists, the court shall make a specific finding, based on facts in the record, as to whether or not the return of the child to the custody of the natural parent poses an unacceptable risk to the future safety of the child.

(2) In determining whether it is in the best interest of the child to terminate a natural parent's rights as to the child under this section, the court shall:

(i) give primary consideration to the safety and health of the child; and

(ii) request an investigation by an appropriate agency and a report of the investigation that includes summaries of:

1. the child's feelings toward and emotional ties with the child's natural parents, the child's siblings, the petitioner, and any other individual who may significantly affect the child's best interest;

2. the child's adjustment to home, school, and community; and

3. if the natural parent is absent, an evaluation of the petitioner's attempts to locate the absent natural parent.

(d) A court may not grant a decree of adoption under this section solely because a natural parent:

(1) does not have legal custody of the child by reason of divorce or legal separation; or

(2) has been deprived of custody of the child by the act of the other natural parent.

(e) After the adoption, if it is in the child's best interest, the adoptive parent and a nonconsenting natural parent may agree to visitation privileges between the child and the natural parent or siblings.

§ 5-313.
(a) A court may grant a decree of adoption or a decree of guardianship, without the consent of a natural parent otherwise required by §§ 5-311 and 5-317 of this subtitle, if the court finds by clear and convincing evidence that it is in the best interest of the child to terminate the natural parent's rights as to the child and that:

(1) the child is abandoned as provided in subsection (b) of this section;

(2) in a prior juvenile proceeding, the child has been adjudicated to be a child in need of assistance, a neglected child, an abused child, or a dependent child; or

(3) the following set of circumstances exists:

(i) the child has been continuously out of the custody of the natural parent and in the custody of a child placement agency for at least 1 year;

(ii) the conditions that led to the separation from the natural parent still exist or similar conditions of a potentially harmful nature still exist;

(iii) there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the natural parent in the immediate future; and

(iv) a continuation of the relationship between the natural parent and the child would diminish greatly the child's prospects for early integration into a stable and permanent family.

(b) The court may find that a child is abandoned for purposes of this section if, after a thorough investigation by the child placement agency, the court finds that:

(1) the identity of the child's natural parents is unknown; and

(2) no one has claimed to be the child's natural parent within 2 months of the alleged abandonment of the child.

(c) In determining whether it is in the best interest of the child to terminate a natural parent's rights as to the child in any case, except the case of an abandoned child, the court shall give:

(1) primary consideration to the safety and health of the child; and

(2) consideration to:

(i) the timeliness, nature, and extent of the services offered by the child placement agency to facilitate reunion of the child with the natural parent;

(ii) any social service agreement between the natural parent and the child placement agency, and the extent to which all parties have fulfilled their obligations under the agreement;

(iii) the child's feelings toward and emotional ties with the child's natural parents, the child's siblings, and any other individuals who may significantly affect the child's best interest;

(iv) the child's adjustment to home, school, and community;

(v) the result of the effort the natural parent has made to adjust the natural parent's circumstances, conduct, or conditions to make it in the best interest of the child to be returned to the natural parent's home, including:

1. the extent to which the natural parent has maintained regular contact with the child under a plan to reunite the child with the natural parent, but the court may not give significant weight to any incidental visit, communication, or contribution;

2. if the natural parent is financially able, the payment of a reasonable part of the child's substitute physical care and maintenance;

3. the maintenance of regular communication by the natural parent with the custodian of the child; and

4. whether additional services would be likely to bring about a lasting parental adjustment so that the child could be returned to the natural parent within an ascertainable time, not exceeding 18 months from the time of placement, but the court may not consider whether the maintenance of the parent-child relationship may serve as an inducement for the natural parent's rehabilitation; and

(vi) all services offered to the natural parent before the placement of the child, whether offered by the agency to which the child is committed or by other agencies or professionals.

(d) (1) In determining whether it is in the best interest of the child to terminate a natural parent's rights as to the child in a case involving a child who has been adjudicated to be a child in need of assistance, a neglected child, an abused child, or a dependent child, the court shall consider the factors in subsection (c) of this section and whether any of the following continuing or serious conditions or acts exist:

(i) the natural parent has a disability that renders the natural parent consistently unable to care for the immediate and ongoing physical or psychological needs of the child for long periods of time;

(ii) the natural parent has committed acts of abuse or neglect toward any child in the family;

(iii) the natural parent has failed repeatedly to give the child adequate food, clothing, shelter, and education or any other care or control necessary for the child's physical, mental, or emotional health, even though the natural parent is physically and financially able;

(iv) 1. A. the child was born exposed to cocaine, heroin, or a derivative thereof as evidenced by any appropriate tests of the mother or child; or

B. upon admission to a hospital for delivery of the child, the mother tested positive for cocaine, heroin, or a derivative of cocaine or heroin as evidenced by any appropriate toxicology test; and

2. the natural parent refuses the recommended level of drug treatment, or fails to fully participate in the recommended level of drug treatment; or

(v) the natural parent has:

1. subjected the child to:

A. torture, chronic abuse, or sexual abuse; or

B. chronic and life-threatening neglect;

2. been convicted:

C. of aiding or abetting, conspiring, or soliciting to commit a crime described in item A or item B of this item; or

3. involuntarily lost parental rights of a sibling of the child.

(2) If a natural parent does not provide specified medical treatment for a child because the natural parent is legitimately practicing religious beliefs, that reason alone does not make the natural parent a negligent parent.

(3) The court shall consider the evidence under paragraph (1)(i) through (iv) of this subsection regarding continuing or serious conditions or acts and may waive the child placement agency's obligations under subsection (c) of this section if the court, after appropriate evaluation of efforts made and services rendered, finds by clear and convincing evidence that the waiver of those obligations is in the best interest of the child.

(4) The court shall waive the child placement agency's obligations under subsection (c) of this section if the court finds that one of the circumstances or acts enumerated in paragraph (1)(v) of this subsection exists.

(5) If the court finds that any of the circumstances or acts enumerated in paragraph (1)(v) of this subsection exists, the court shall make a specific finding, based on facts in the record, as to whether or not the return of the child to the custody of the natural parent poses an unacceptable risk to the future safety of the child.

§ 5-313.1.
(a) Nothing in this section may be construed to require an adopting parent to petition a court in this State for adoption of a child if:

(1) the child was adopted under the laws of a jurisdiction or country other than the United States; and

(2) the validity of the foreign adoption has been verified by the granting of an IR-3 visa for the child by the United States Immigration and Naturalization Service under the Immigration and Nationality Act.

(b) If an adopting parent chooses to file a petition for adoption in this State, a court may grant a decree of adoption or a decree of guardianship without requiring the consent of a natural parent otherwise required under §§ 5-311 and 5-317 of this subtitle if the petitioner files with the petition for adoption or guardianship a decree of adoption, guardianship, or termination of parental rights granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States that is in compliance with the laws of that country.

§ 5-314.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

(a) The consent of a natural parent to either an adoption or guardianship of a child is not valid unless the consent contains an express notice of:

(1) the right to revoke consent under § 5-311 or § 5-317 of this subtitle;

(2) the search rights of adopted individuals and biological parents under Subtitles 3A and 4B of this title; and

(3) the right to file a disclosure veto under § 5-3A-05 of this title.

(b) A minor parent may consent to an adoption or guardianship of a child. However, the consent of a minor parent is not valid unless the consent is accompanied by an affidavit of counsel appointed under § 5-323 of this subtitle that the consent of the minor parent is given knowingly and willingly.

** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 **

(a) The consent of a natural parent to either an adoption or guardianship of a child is not valid unless the consent contains an express notice of:

(1) the right to revoke consent under § 5-311 or § 5-317 of this subtitle;

(2) the search rights of adopted individuals and biological parents under Subtitle 3A of this title and the search rights of adopted individuals, biological parents, and siblings under Subtitle 4B of this title; and

(3) the right to file a disclosure veto under § 5-3A-05 of this title.

§ 5-315.
(a) If a petitioner for adoption is married, the petitioner's spouse shall join in the petition unless the petitioner's spouse:

(1) is a natural parent of the individual to be adopted and has consented to the adoption in accordance with this subtitle;

(2) is separated from the petitioner under circumstances that give the petitioner grounds for divorce or annulment; or

(3) is not competent to join in the petition.

(b) If the marital status of a petitioner changes before entry of a final decree on a petition for adoption, the petitioner shall amend the petition accordingly.

§ 5-316.
In passing on a petition for adoption, a court:

(1) shall consider any assurance by the Social Services Administration that it will provide funds for necessary support and maintenance for the child; and

(2) may consider the religious background, training, and beliefs of the natural parents, the prospective adoptive parents, and the child to be adopted, but may make a decision without considering the religious background, training, or beliefs of these individuals if the court finds that the child does not have sufficient religious background, training, or beliefs to be factors in the adoption.

§ 5-317.
(a) A petition for a decree of adoption may be preceded by a petition for guardianship of the child.

(b) Only the executive head of a child placement agency or the attorney for the child on behalf of the child may file a petition for the agency to be granted guardianship.

(c) Except as provided in §§ 5-313 and 5-313.1 of this subtitle, the court may grant a decree awarding guardianship only:

(1) after any investigation and hearing the court considers necessary; and

(2) with the consent of each living natural parent of the child.

(d) Within 180 days after a petition for guardianship or petition for adoption is filed under § 5-313 of this subtitle, the court shall rule on the petition.

(e) In a proceeding for guardianship, consent may be revoked at any time within 30 days after the consent is signed.

(f) A decree of guardianship:

(1) terminates the natural parents' rights, duties, and obligations toward the child;

(2) subject to § 5-319 of this subtitle, eliminates the need to give notice to the natural parents of the filing of a petition for adoption of the child;

(3) eliminates the need for a further consent by the natural parents to an adoption of the child; and

(4) subject to § 5-319 of this subtitle, authorizes the child placement agency to consent to joint guardianship, custody, or other long-term placement that the agency determines to be in the child's best interest.

(g) (1) After any investigation and hearing the court considers necessary, the court may grant a decree awarding joint guardianship, custody, or other long-term placement that the court determines to be in the child's best interest.

(2) If joint guardianship is awarded to a caregiver, the child placement agency shall retain guardianship with the right to consent to adoption or long-term care short of adoption.

§ 5-318.
A child placement agency that was granted guardianship before June 1, 1967 may consent to long term care short of adoption of the child only if the consent is approved by the court, on an appropriate petition, after any investigation and hearing the court considers necessary.
§ 5-319.
(a) In this section, "disrupted placement" means the permanent removal of a child to be adopted from the prospective adoptive family or adopting individual by a child placement agency before the entry of a final decree of adoption.

(b) Except as provided in subsection (g) of this section, a guardian with the right to consent to adoption, including a guardian with the right to consent to adoption who was appointed without the consent of the natural parents, shall file a written report with the court and give notice of the child's status to each natural parent of the child under the guardianship and to the child's court-appointed counsel if:

(1) a placement for adoption is not made within 9 months of the decree of guardianship;

(2) a placement for adoption is made within 9 months of the decree of guardianship, but there is a disrupted placement, and a new placement is not made within 120 days of the disrupted placement; or

(3) a final decree of adoption is not entered within 2 years after placement for adoption.

(c) The guardian shall mail the notice required by this section to each natural parent at the last address known to the guardian.

(d) A natural parent may waive the right to notice under this section. The waiver shall appear expressly in:

(1) the natural parent's consent to the guardianship; and

(2) the decree of guardianship.

(e) The written report required by this section shall:

(1) be filed with the court; and

(2) state the reasons for delay in placement for adoption.

(f) On receipt of the guardian's report under subsection (b) of this section, and every 12 months thereafter, the court:

(1) shall hold a hearing to review the progress which has been made toward the child's adoption and to review whether the child's current placement and circumstances are in the child's best interest; and

(2) shall then take whatever action the court considers appropriate in the child's best interest.

(g) (1) Further reports, notices to the natural parents, and hearings are not required if the court determines after a hearing that it is in the best interest of the child to remain with a specified family which agrees to the long-term placement.

(2) If the long-term placement is subsequently changed, the child is entitled to annual hearings under subsection (f) of this section.

(h) The court may require the guardian to file periodic written progress reports on the child's status, with recommendations for further supervision, treatment, or rehabilitation.

(i) If guardianship with the right to consent to adoption or long-term care short of adoption has been ordered by an equity court, the jurisdiction of the equity court over the child may continue until that individual reaches 21 years of age, unless terminated sooner.

§ 5-320.
(a) In an independent adoption, the natural parents shall be advised of the option of:

(1) receiving independent legal counsel; and

(2) receiving adoption counseling and guidance.

(b) (1) The court may order the adoptive parents to pay all or part of the reasonable costs of independent legal counsel and the reasonable costs for a reasonable period of time of adoption counseling or guidance received by the natural parents under this section.

(2) The text of the natural parents' consent required under § 5-311 of this subtitle shall include:

(i) a statement that acknowledges that the natural parents have been advised of the provisions of this section; and

(ii) a statement indicating whether or not the natural parents have elected to pursue any option provided under this section.

§ 5-321.
The provisions of §§ 5-320, 5-323(d), 5-327(c), and 5-328 of this subtitle do not apply in the case of:

(1) an adoption by the spouse of the natural parent of the adoptee; or

(2) an adoption by a relative of the natural parent of the adoptee.

§ 5-322.
(a) (1) (i) Subject to paragraph (2) of this subsection, a petitioner shall give to each person whose consent is required notice of the filing of a petition for adoption or a petition for guardianship.

(ii) In addition to the notice of filing required under subparagraph (i) of this paragraph, if a petition for guardianship is filed after a juvenile proceeding in which the child has been adjudicated to be a child in need of assistance, a petitioner shall give notice of the filing of the petition for guardianship to:

1. the attorney who represented a natural parent in the juvenile proceeding; and

2. the attorney who represented the minor child in the juvenile proceeding.

(2) A person whose consent is filed with the petition need not be given notice if the consent includes a waiver of the right to notice of the filing of the petition.

(3) The petitioner shall give notice by entry and service of a show cause order sent to the last known address that the petitioner has for each person whose consent is required.

(b) If a petition for guardianship is filed after a juvenile proceeding in which the child has been adjudicated to be a child in need of assistance, the petitioner shall give notice to each natural parent of the child by serving a show cause order by certified mail or private process on the natural parent:

(1) if the natural parent was present at a CINA hearing and notified by the court of the requirements of § 3-822 of the Courts Article:

(i) at the latest address listed in juvenile court records maintained in accordance with § 3-822 of the Courts Article;

(ii) at the latest address listed in the records of the local department of social services; or

(iii) at any other address listed in the records of the juvenile court or local department of social services within 6 months before the filing of the guardianship petition; or

(2) if the natural parent was not present at a CINA hearing and notified by the court of the requirements of § 3-822 of the Courts Article:

(i) at the latest address, if any, listed in juvenile court records maintained in accordance with § 3-822 of the Courts Article; or

(ii) at any other address for the natural parent identified after reasonable good faith efforts to locate the parent.

(c) (1) If the child has not been adjudicated to be a child in need of assistance in a prior juvenile proceeding and the court is satisfied by affidavit or testimony that the petitioner, after reasonable efforts in good faith, cannot learn the identity or location of a natural parent, the court shall order notice by publication as to that parent.

(2) If the child has been adjudicated to be a child in need of assistance in a prior juvenile proceeding, and the court is satisfied by affidavit or testimony that the petitioner has made reasonable good faith efforts to serve by both certified mail and private process one show cause order on the parent at the addresses specified in subsection (b) of this section, but was not successful, the court shall order notice by publication as to that parent.

(3) If the court orders notice by publication under this subsection, the show cause order shall be published at least once in one or more newspapers of general circulation published in the county in which the petition is filed.

(d) If a person is notified under this section and fails to file notice of objection within the time stated in the show cause order:

(1) the court shall consider the person who is notified to have consented to the adoption or to the guardianship; and

(2) the petition shall be treated in the same manner as a petition to which consent has been given.

(e) (1) For a petition filed by a local department of social services, the court shall determine that a reasonable, good faith effort has been made to identify the last known address of the parent if the petitioner shows, by affidavit or testimony, that inquiries were made after the petition was filed, or within the 6 months preceding the filing of the petition, with the following:

(i) the State Motor Vehicle Administration;

(ii) the local department of social services;

(iii) the State Department of Public Safety and Correctional Services;

(iv) the State Division of Parole and Probation;

(v) the detention center for the local jurisdiction in which the petition is filed;

(vi) the records of the juvenile court for the jurisdiction in which the petition is filed;

(vii) a particular social services agency or detention facility, if the local department is aware that the parent has received benefits from that social services agency, or has been confined in that detention facility, within the 9 months preceding the filing of the petition; and

(viii) each of the following individuals that the petitioner is able to locate and contact:

1. the other parent of the child;

2. known members of the parent's immediate family; and

3. the parent's current or last known employer.

(2) (i) The inquiry shall be considered sufficient if made by searching the computer files of an identified agency or by making an inquiry to the agency or person by regular mail.

(ii) Failure to receive a response to an inquiry within 30 days of mailing shall constitute a negative response to the inquiry.

§ 5-323.
(a) (1) Subject to paragraph (2) of this subsection, in a proceeding for an adoption or guardianship, unless the public defender is required to provide representation, the court shall appoint separate counsel to represent:

(i) the individual to be adopted, if the consent of the individual to be adopted is required and the individual has a disability that renders the individual incapable of consenting and otherwise effectively participating in the proceedings;

(ii) a natural parent who has a disability that renders the natural parent incapable of consenting and effectively participating in the proceedings;

(iii) a minor parent; and

(iv) in an involuntary termination of parental rights, an individual who is the subject of the proceeding.

(2) In any action in which payment for the services of a court-appointed attorney for a child is the responsibility of the local department of social services, unless the court finds that it would not be in the best interests of the child, the court shall:

(i) appoint an attorney who has contracted with the Department of Human Resources to provide those services; and

(ii) in an action in which an attorney has previously been appointed, strike the appearance of the attorney previously appointed and appoint the attorney who is currently under contract with the Department of Human Resources.

(b) The public defender shall represent:

(1) in an involuntary termination of parental rights, an indigent parent; and

(2) in a hearing under § 5-319 of this subtitle, an indigent natural parent who has not waived the right to receive notice of the child's status.

(c) To determine whether an individual whose consent is required has a disability that renders the individual incapable of consenting and otherwise effectively participating in the proceedings, the court, on its own motion or on motion of a party, may order an examination of the individual.

(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court. The court may assign the costs among the parties as the court considers appropriate.

(e) (1) An attorney or firm representing the adoptive parent or child placement agency may not represent the natural parent in the same adoption proceeding.

(2) An attorney or firm representing the natural parent may not represent the adoptive parent or child placement agency in the same adoption proceeding.

§ 5-324.
The court may not enter a final decree for adoption or for guardianship of an individual before the later of:

(1) 30 days after the birth of the individual; or

(2) the time period for revocation of consent to adopt under § 5-311(c)(1) of this subtitle or revocation of consent to a guardianship under § 5-317(e) of this subtitle has run.

§ 5-324.1.
The court shall hold a hearing before entering a final decree of adoption.
§ 5-325.
A court may not receive a petition to invalidate a final decree of adoption because of a procedural or jurisdictional defect unless the petition is filed within 1 year after the entry of the final decree of adoption.

§ 5-326.
A final decree of adoption granted in another jurisdiction:

(1) shall be given full faith and credit in this State; and

(2) has the same legal effect as a final decree of adoption granted in this State.

§ 5-326.1.
A final decree of adoption granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States shall be given full recognition and effect in this State if:

(1) the adopting parent is a resident of this State; and

§ 5-327.
(a) (1) Except as otherwise provided, an agency, institution, or individual who renders any service in connection with the placement of an individual for adoption, or in connection with an agreement for the custody of an individual in contemplation of adoption, may not charge or receive from or on behalf of either the natural parent of the individual to be adopted, or from or on behalf of the individual who is adopting the individual, any compensation for the placement or agreement.

(2) This subsection does not prohibit the payment, by any interested person, of reasonable and customary charges or fees for hospital or medical or legal services.

(b) This section does not prevent the Social Services Administration, or any agency or institution that is supervised or licensed by it, from receiving and accepting reasonable reimbursement for the costs of adoptive services in connection with adoption, if the reimbursement is in accordance with standards established by the rules and regulations of the Social Services Administration. However, the ability to provide this reimbursement may not affect:

(1) the acceptability of any individual for adoptive services; or

(2) the choice of the most suitable prospective adoptive family or individual for a child who is to be adopted.

(c) In an independent adoption, prior to the entry of a final decree of adoption, the petitioner shall file with the court an accounting report of all payments and disbursements of any item of value made by or on behalf of the petitioner in connection with the adoption.

(d) The State's Attorney shall prosecute any violation of this section.

(e) A person who violates 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.

§ 5-328.
(a) The person authorized to place a minor child for adoption shall compile and make available to a prospective adoptive parent and to the adoptive parent a pertinent medical history of the natural parents of the minor child.

(b) A medical history compiled under this section may not contain any information that may disclose or permit disclosure of the identity of the natural parents.

§ 5-329.
(a) (1) (i) On request by an adopted individual or birth parent of an adopted adult, a child placement agency shall provide any medical or nonidentifying information contained in its adoption records without the showing of any need for the medical or nonidentifying information.

(ii) On petition by an adopted individual or birth parent of an adopted adult, a court shall order that part of a court record or child placement agency record containing medical or nonidentifying information be opened to inspection by the individual.

(iii) Subject to the provisions of subsection (b) of this section, an adopted individual or birth parent of an adopted adult filing a petition under subparagraph (ii) of this paragraph may not be required to make any particular showing of need for the medical or nonidentifying information.

(2) In the case of a child placement agency record, the court may not grant the petition unless the child placement agency has refused to release the medical or nonidentifying information.

(b) The court may not order opened for inspection any part of a record that contains any information that reveals the location or identity of the individual's birth parents.

(c) (1) If neither the court record nor the child placement agency record contain needed medical information, on petition by an adopted individual, a court may appoint an intermediary to attempt to establish contact with the adopted individual's birth parents in order to obtain the needed medical information.

(2) A court may appoint an intermediary for purposes of paragraph (1) of this subsection only after a hearing on the petition and a finding from the evidence presented at the hearing that the adopted individual or a blood relative of the adopted individual is in urgent need of the medical information.

(d) (1) The role of an intermediary appointed under subsection (c) of this section is limited to advising the adopted individual's birth parents of the need for the medical information without revealing any identifying information about the adopted individual and may not in any manner include any effort to encourage or discourage contact between the adopted individual and the individual's birth parents.

(2) The intermediary shall file a confidential written report with the court in regard to the intermediary's efforts to contact the adopted individual's birth parents.

(3) After receiving the report from the intermediary under paragraph (2) of this subsection, the court, without revealing any identifying information about the individual's birth parents, may disclose to the adopted individual:

(i) whether the intermediary has established contact with the individual's birth parents and advised the individual's birth parents about the need for the medical information; and

(ii) any medical information provided by a birth parent.

(e) Notwithstanding any provision of law, a court may order the adopted individual to pay a reasonable fee for the services provided by an intermediary under this subsection.

§ 5-329.1.
(a) Subject to the provisions of subsection (b) of this section, access to medical or dental records of an adopted minor may not be denied to the minor's parent because the parent is an adoptive parent.

(b) The access to medical or dental records described in this section may not include access to any part of a record that contains any information that reveals the location or identity of the adopted minor's natural parents.

§ 5-330.
Any party to an adoption proceeding may appeal to the Court of Special Appeals from any interlocutory or final order or decree.

§ 5-3A-01.
This subtitle shall apply to adoptions finalized on or after January 1, 2000.
§ 5-3A-02.
(a) An adopted individual at least 21 years old may apply to the Secretary of Health and Mental Hygiene for a copy of the following:

(1) the original certificate of birth and any records that relate to the new certificate of birth of the adopted individual; and

(2) the report of the decree or judgment of adoption filed by the clerk of the court under § 4-211 of the Health - General Article.

(b) If an adopted individual is at least 21 years old, a biological parent of the adopted individual may apply to the Secretary of Health and Mental Hygiene for a copy of the following:

(1) the original certificate of birth and any records that relate to the new certificate of birth of the adopted individual;

(2) the new certificate of birth that was substituted for the original certificate of birth of the adopted individual under § 4-211 of the Health - General Article; and

(3) the report of the decree or judgment of adoption filed by the clerk of the court under § 4-211 of the Health - General Article.

(c) The Secretary of Health and Mental Hygiene shall inform an applicant under this section of the availability of adoption search, contact, and reunion services under Subtitle 4B of this title.

§ 5-3A-03.
An applicant under this subtitle shall:

(1) supply any proof of identity or other relevant information required by the Secretary; and

(2) pay any fee for a copy of a record required under Title 4, Subtitle 2 of the Health - General Article.

(a) Subject to subsections (b), (c), and (d) of this section, if an applicant complies with § 5-3A-03 of this subtitle, the Secretary of Health and Mental Hygiene shall give a copy of a record requested under § 5-3A-02 of this subtitle that is on file with the Secretary to the applicant.

(b) If the applicant is a biological parent and a disclosure veto has been filed in accordance with § 5-3A-05 of this subtitle by the other biological parent, the Secretary of Health and Mental Hygiene shall delete from the copy of a requested record any information concerning the biological parent who filed the disclosure veto.

(c) If the applicant is a biological parent and a disclosure veto has been filed in accordance with § 5-3A-05 of this subtitle by the adopted individual, the Secretary of Health and Mental Hygiene shall delete from the copy of a requested record any information concerning:

(1) the adopted individual; and

(2) the adoptive parents.

(d) If the applicant is an adopted individual and a disclosure veto has been filed in accordance with § 5-3A-05 of this subtitle by a biological parent, the Secretary of Health and Mental Hygiene shall delete from the copy of a requested record any information concerning the biological parent who filed the disclosure veto.

§ 5-3A-05.
(a) A biological parent may file with the Director of the Social Services Administration of the Department a disclosure veto prohibiting the disclosure of any information concerning that parent that is contained in a record described in § 5-3A-02 of this subtitle.

(b) An adopted individual at least 20 years old may file with the Director of the Social Services Administration of the Department a disclosure veto prohibiting the disclosure of any information concerning that individual that is contained in a record described in § 5-3A-02 of this subtitle.

(c) The Director of the Social Services Administration of the Department shall immediately forward a copy of a disclosure veto filed under subsection (a) or (b) of this section to the Secretary of Health and Mental Hygiene.

(d) An individual authorized to file a disclosure veto under subsection (a) or (b) of this section may cancel or refile a disclosure veto at any time.

§ 5-3A-06.
Nothing in this subtitle prohibits:

(1) an adopted individual or a biological parent from applying for search, contact, and reunion services under Subtitle 4B of this title; or

(2) the Director of the Social Services Administration of the Department of Human Resources or a confidential intermediary from obtaining a copy of a certificate of birth or other record under § 5-4B-04(c) or § 5-4B-06(b) or (c) of this title.

§ 5-3A-07.
The Secretary of Health and Mental Hygiene shall adopt regulations to implement the provisions of this subtitle.

§ 5-401.
(a) In this subtitle the following words have the meanings indicated.

(b) "Eligible child" means a minor child as to whom:

(1) guardianship with the right to consent to adoption has been awarded to a child placement agency under Subtitle 3 of this title; and

(2) a determination has been made by a local department under § 5-403 of this subtitle that a subsidy is necessary to assure the child's adoption because of the child's special circumstances.

(d) "Subsidy" means:

(1) a money payment;

(2) medical care;

(3) medical assistance; or

(4) special services.

§ 5-402.
The purpose of this subtitle is to make possible, through a public subsidy, the most appropriate adoption of each eligible child.

§ 5-403.
The local department shall determine whether a subsidy is necessary to assure a child's adoption because of the child's special circumstances, including:

(1) physical or mental disability;

(2) emotional disturbance;

(3) recognized high risk of physical or mental disease;

(4) age;

(5) sibling relationship; and

(6) racial or ethnic factors.

§ 5-406.
Each local department shall establish and administer an adoption subsidy program for eligible children.

§ 5-407.
(a) Money payments and special services under the adoption subsidy program shall be funded by:

(1) appropriations to a local department for the maintenance of children in foster care; and

(2) money that is made available to a local department from other sources.

(b) Medical assistance and medical care under the adoption subsidy program shall be funded by:

(1) savings for the fiscal year by the Department of Health and Mental Hygiene and the Department of Human Resources that are attributable to adoptions under this subtitle; and

(2) appropriations to the Department of Human Resources for the adoption subsidy program.

(c) The Social Services Administration of the Department of Human Resources may reimburse the Department of Health and Mental Hygiene for the cost of medical assistance and medical care directly or through a contract with the Department of Health and Mental Hygiene.

§ 5-408.
(a) A subsidy may not be denied to an eligible child on the ground that the eligible child had a condition that was not known or discovered at the time of the adoption.

(b) An individual who has been approved by a child placement agency as an appropriate adoptive parent and who seeks to adopt an eligible child is eligible to receive a subsidy on behalf of the eligible child regardless of the individual's income or other eligibility factors.

(c) A subsidy may not be denied to a child whose adoption has been dissolved or whose adoptive parents have died if the child received an adoption subsidy during the child's prior adoption and the child continues to meet the criteria set forth in § 5-403 of this subtitle.

(d) The subsidy may not be discontinued solely because the adoptive parent moves from this State with the eligible child.

(e) A subsidy may continue to be provided for an eligible child to an adult who is qualified to assume responsibility and who assumes responsibility for the care and welfare of the child upon the death or incapacitation of the child's adoptive parent.

§ 5-409.
(a) To apply for a subsidy on behalf of an eligible child, an individual who is a prospective adoptive parent of the eligible child shall file an application for a subsidy with the local department.

(b) (1) The director of the local department shall append to the application evidence of inability, after all reasonable efforts, to place the eligible child, without a subsidy, with an appropriate adoptive parent because of the special circumstances.

(2) If the director of the local department determines that the eligible child has established emotional ties with a prospective adoptive parent who is the child's foster parent, evidence of efforts to place the child with another prospective adoptive parent is not required.

§ 5-410.
(a) (1) Before a final decree of adoption is passed, the local department and a prospective adoptive parent of an eligible child shall make a written agreement regarding the subsidy.

(2) In the case of an eligible child who has special circumstances that existed before the adoption but were not detected until after the adoption, the agreement shall be made promptly after the local department approves the application for a subsidy.

(b) A subsidy may commence either at the time of the placement for adoption or at an appropriate time after the passage of the adoption decree.

(i) the needs of the eligible child because of the eligible child's special circumstances; and

(ii) the availability of other resources to meet the eligible child's needs.

(2) The subsidy may be for a limited or a long period of time.

(3) The subsidy shall be in an amount that is not more than:

(i) the allowable amount for a child under foster family care in this State, or if placement is in another state, the allowable amount for a child under foster family care in that state, whichever is higher;

(ii) in the case of a medically fragile child living in a treatment foster care home, $2,000 per month; or

(iii) if the subsidy is for a special service, a reasonable fee for that service.

(d) (1) If, under a subsidy agreement, the subsidy does not terminate in the first year after the final decree of adoption is passed, the subsidy is subject to annual reapplication, reevaluation, and reapproval by the local department.

(2) A subsidy agreement shall include a notice of the annual reapplication requirement.

§ 5-410.1.
(a) If the Department makes the determinations under subsection (b) of this section, an adoptive parent involved in an independent or intercountry adoption of a child is entitled to reimbursement by the State for certain nonrecurring adoption expenses associated with the adoption.

(b) An adoptive parent is eligible for reimbursement of nonrecurring adoption expenses, if the Department determines that:

(1) the child should not be returned to its biological parents;

(2) the child cannot be placed with adoptive parents without providing assistance because of certain factors or conditions regarding the child, including ethnic background, age, the presence and number of siblings, or physical, mental, or emotional handicaps; and

(3) except where it would be against the best interest of the child, previous adoption attempts have been made without assistance and were unsuccessful.

(1) prior to the final decree; and

(2) on a form provided by the Department.

(d) (1) Upon approval of the application, there shall be a written agreement between the Department and the prospective adoptive parents regarding the reimbursement of nonrecurring adoption expenses.

(2) Except as provided in paragraph (3) of this subsection, the agreement shall be signed by the adoptive parents and an agent of the Department prior to the final adoption decree.

(3) The agreement is not required to be signed by the adoptive parents and an agent of the Department prior to the final adoption decree if the final decree:

(i) was entered between January 1, 1987 and July 1, 1990; or

(ii) was entered before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.

(e) Reimbursement for nonrecurring adoption expenses is limited to a maximum of $2,000 for reasonable and necessary actual costs that are not reimbursable from another source, including:

(1) adoption fees;

(2) court costs and reasonable attorney's fees;

(3) health examinations;

(4) transportation costs; and

(5) food and lodging costs incurred during preplacement visits.

(f) Except in cases described under subsection (d)(3) of this section, adoptive parents shall file all claims for nonrecurring adoption expenses within 2 years of the final adoption decree.

(g) Adoptive parents filing for reimbursement of nonrecurring adoption expenses in cases described under subsection (d)(3) of this section shall:

(1) enter into a written agreement with the Department; and

(2) file all claims no later than December 14, 1990.

§ 5-411.
An individual who is aggrieved by a final decision of the director of a local department that denies eligibility or reduces or terminates a subsidy in a contested case may:

(1) appeal that decision to the administrative appellate authority designated by rule or regulation; and

(2) then take any further appeal allowed by the Administrative Procedure Act.

§ 5-412.
The Director of the Social Services Administration of the Department shall adopt rules and regulations to carry out the provisions of this subtitle.

§ 5-415.
This subtitle may be cited as the "Maryland Adoption Subsidy Act".

§ 5-4A-01.
(a) In this subtitle the following words have the meanings indicated.

(b) "Administration" means the Social Services Administration of the Department.

(c) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.

(d) "Residence state" means the state where the child lives.

§ 5-4A-02.
(a) The General Assembly finds that:

(1) locating adoptive families for children who are eligible to receive State assistance and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to other states or are residents of another state; and

(2) providing medical and other necessary services for children, with State assistance, is more difficult when the services are provided in other states.

(b) The purposes of this subtitle are to:

(1) authorize the Administration to enter into interstate agreements with agencies of other states for the protection of children on whose behalf adoption assistance is being provided; and

(2) provide procedures for interstate adoption assistance payments, including medical payments.

§ 5-4A-03.
(a) The Administration may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes of this subtitle.

(b) When entered into, and for so long as it shall remain in force, the compact shall have the force and effect of law.

§ 5-4A-04.
(a) A compact entered into pursuant to § 5-4A-03 of this subtitle shall include:

(1) a provision making the compact available for joinder by all states;

(2) a provision for withdrawal from the compact upon written notice to the parties, but with a period of 1 year between the date of the notice and the effective date of the withdrawal;

(3) a requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode; and

(4) a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that the adoption assistance agreement be expressly for the benefit of the adopted child and enforceable by both the adoptive parents and the state agency providing the adoption assistance.

(b) A compact entered into pursuant to § 5-4A-03 of this subtitle may include a provision establishing procedures and entitlements to medical or other necessary social services for the child in accordance with applicable laws even though the child and the adoptive parents are in a state other than the state responsible for providing the services or the funds to defray part or all of the costs.

§ 5-4A-05.
(a) (1) A child with special needs who resides in this State and who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this State upon filing with the Administration a certified copy of the adoption assistance agreement obtained from the adoption assistance state which certifies to the eligibility of the child for medical assistance.

(2) The adoptive parents shall be required at least annually to show that the adoption assistance agreement is still in force or has been renewed.

(b) The Administration shall consider the holder of a medical assistance identification pursuant to this section the same as any other holder of a medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(c) (1) This section shall apply only to medical assistance for children under adoption assistance agreements from states that provide medical assistance to children with special needs under adoption assistance agreements made by this State.

(2) All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the applicable laws and procedures.

§ 5-4A-06.
A person who submits a claim for payment or for reimbursement for services or benefits or makes a statement in connection with a claim for payment or reimbursement for services or benefits pursuant to § 5-4A-05 of this subtitle which the person knows or should know is false, misleading, or fraudulent is guilty of perjury and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.

§ 5-4A-07.
The Administration may adopt regulations necessary to carry out this subtitle.

§ 5-4A-08.
(a) Consistent with federal law, the Department of Health and Mental Hygiene and the Department of Human Resources, in connection with the implementation and execution of this subtitle and any compact entered into pursuant to this subtitle shall include in any State plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV-(e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost.

(b) The Departments shall apply for and administer all relevant federal aid in accordance with law.

§ 5-4B-01.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

(a) In this subtitle the following words have the meanings indicated.

(b) "Administration" means the Social Services Administration of the Department.

(d) "Confidential intermediary" means an individual or child placement agency qualified by the Director for the purpose of providing search, contact, and reunion services under this subtitle.

(e) "Director" means the Director of the Administration.

(f) "Search, contact, and reunion services" means services:

(1) to locate adopted individuals and biological parents of adopted individuals;

(2) to assess the mutual desire for communication or disclosure of information between adopted individuals and biological parents of adopted individuals; and

(3) to provide, or provide referral to, counseling for adopted individuals and biological parents of adopted individuals.

** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 **

(a) In this subtitle the following words have the meanings indicated.

(b) "Administration" means the Social Services Administration of the Department.

(d) "Confidential intermediary" means an individual or child placement agency qualified by the Director for the purpose of providing search, contact, and reunion services under this subtitle.

(e) "Director" means the Director of the Administration.

(f) "Search, contact, and reunion services" means services:

(1) to locate adopted individuals, biological parents of adopted individuals, and siblings of adopted individuals;

(2) to assess the mutual desire for communication or disclosure of information between adopted individuals and biological parents of adopted individuals or between adopted individuals and siblings of adopted individuals; and

(3) to provide, or provide referral to, counseling for adopted individuals, biological parents of adopted individuals, and siblings of adopted individuals.

(g) "Sibling" means a brother or sister of the whole or half blood who:

(1) is at least 21 years old; and

(2) has been adopted.

§ 5-4B-02.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

(a) (1) An adopted individual at least 21 years old may apply to the Director to receive search, contact, and reunion services.

(2) If an adopted individual is at least 21 years old, a biological parent of the adopted individual may apply to the Director to receive search, contact, and reunion services.

(b) An individual who applies to the Director to receive search, contact, and reunion services shall supply any proof of identity or other relevant information required by the Director.

(2) The overall amount of fees collected may not exceed the costs of processing the applications.

(d) A biological parent who has had his or her parental rights terminated under § 5-312 or § 5-313 of this title may not apply to receive search, contact, and reunion services under this subtitle.

** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 **

(a) (1) An adopted individual at least 21 years old may apply to the Director to receive search, contact, and reunion services.

(2) If an adopted individual is at least 21 years old, the following individuals may apply to the Director to receive search, contact, and reunion services:

(i) a biological parent of the adopted individual; and

(ii) a sibling of the adopted individual.

(b) An individual who applies to the Director to receive search, contact, and reunion services shall supply any proof of identity or other relevant information required by the Director.

(2) The overall amount of fees collected may not exceed the costs of processing the applications.

(d) A biological parent who has had his or her parental rights terminated under § 5-312 or § 5-313 of this title may not apply to receive search, contact, and reunion services under this subtitle.

§ 5-4B-03.
(a) The Director shall maintain a list of confidential intermediaries.

(b) To qualify to be a confidential intermediary, an applicant shall meet the requirements of subsection (d) of this section.

(c) If the applicant is a child placement agency, the agency shall appoint an employee of the agency as the representative member to make the application on behalf of the agency.

(d) (1) If the applicant is an individual, the applicant shall:

(i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and

(ii) meet any other qualifications that the Director establishes for confidential intermediaries.

(2) If the applicant is a child placement agency, each employee who will provide search, contact, and reunion services under this subtitle shall:

(i) have completed at least 8 hours of training, approved by the Director, in providing search, contact, and reunion services; and

(ii) meet any other qualifications that the Director establishes for confidential intermediaries.

(e) (1) The Director may establish a reasonable fee for an application under this section.

(2) The overall amount of fees collected may not exceed the costs of processing the applications.

§ 5-4B-04.
(a) Except as provided in subsection (b) of this section, the Director shall provide the list of confidential intermediaries to an individual who applies for search, contact, and reunion services.

(b) The Director shall refer an individual who applies for search, contact, and reunion services to the child placement agency that placed the child for adoption if:

(1) the identity of the child placement agency that placed the child for adoption is known; and

(2) the child placement agency is a confidential intermediary, as defined in § 5-4B-01 of this subtitle.

(c) (1) If the identity of the child placement agency that placed the child for adoption is unknown, the Director shall make reasonable efforts to determine the identity of the child placement agency that placed the child for adoption.

(2) For purposes of paragraph (1) of this subsection, the Director shall have access to any information that is contained in a birth record or public record described in § 5-4B-06(b)(1) or (c)(1) of this subtitle.

(3) (i) The Director may charge an individual who applies for search, contact, and reunion services a reasonable fee for a search conducted in accordance with paragraph (2) of this subsection.

(ii) The overall amount of fees collected may not exceed the costs of providing the search.

(4) The Director shall forward any information obtained from a search conducted in accordance with paragraph (2) of this subsection to the confidential intermediary for purposes of providing search, contact, and reunion services.

§ 5-4B-05.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

(a) An individual who applies for search, contact, and reunion services shall execute a written agreement with a confidential intermediary concerning the provision of search, contact, and reunion services.

(b) (1) The confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services.

(2) The overall amount of fees collected may not exceed the costs of providing the services.

(1) file the executed agreement with the Director; and

(2) attempt to contact either the adopted individual or the biological parent sought by the applicant.

** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 **

(b) (1) The confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services.

(2) The overall amount of fees collected may not exceed the costs of providing the services.

(1) file the executed agreement with the Director; and

(2) attempt to contact the adopted individual, the biological parent, or the sibling sought by the applicant.

§ 5-4B-06.
(a) The Director or the Adoption Program Manager of the Department may authorize a confidential intermediary to obtain information described in subsection (b) or (c) of this section to locate an individual sought by an applicant.

(b) (1) Subject to paragraph (2) of this subsection, a confidential intermediary may apply to the Secretary of Health and Mental Hygiene for a copy of the following:

(i) the original certificate of birth and any records that relate to the new certificate of birth of an adopted individual;

(ii) the new certificate of birth that was substituted for the original certificate of birth of an adopted individual under § 4-211 of the Health - General Article; and

(iii) the report of the decree or judgment of adoption filed by the clerk of the court under § 4-211 of the Health - General Article.

(2) To apply for a copy of a record listed in paragraph (1) of this subsection, a confidential intermediary shall submit to the Secretary of Health and Mental Hygiene a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.

(3) If a confidential intermediary complies with paragraph (2) of this subsection, the Secretary of Health and Mental Hygiene shall give a copy of a record requested under this subsection that is on file with the Secretary to the confidential intermediary.

(c) (1) Subject to paragraph (2) of this subsection, a confidential intermediary may access any information that is contained in a public record, as defined in § 10-611 of the State Government Article, including a court record.

(2) To have access to information contained in a public record, a confidential intermediary shall submit to the custodian of a public record a written statement signed by the Director or the Adoption Program Manager of the Department and witnessed by a notary public that authorizes the confidential intermediary to obtain information necessary to locate an individual sought by an applicant.

(3) If a confidential intermediary complies with paragraph (2) of this subsection, a custodian shall permit inspection of a public record requested under this subsection by the confidential intermediary.

§ 5-4B-07.
(a) Within 90 days after executing a search, contact, and reunion services agreement under § 5-4B-05 of this subtitle, a confidential intermediary shall file a report with the Director stating that:

(1) the individual contacted by the confidential intermediary consents to the disclosure of specified information;

(2) the individual contacted by the confidential intermediary does not consent to the disclosure of any information;

(3) the individual sought by the confidential intermediary has not been located; or

(4) the individual sought by the confidential intermediary is deceased.

(b) The report and any documents filed in accordance with this section are confidential.

§ 5-4B-08.
(a) (1) If an individual contacted by a confidential intermediary consents to the disclosure of any information, the confidential intermediary shall obtain the written consent of the individual witnessed by a notary public.

(2) The written consent shall specify the nature of the information to be disclosed.

(b) (1) If a confidential intermediary obtains written consent under subsection (a) of this section, the confidential intermediary shall disclose the information specified in the consent to the individual who applied for search, contact, and reunion services.

(2) The confidential intermediary shall disclose only the information that has been authorized by the written consent.

§ 5-4B-09.
If an individual contacted by a confidential intermediary does not consent to the disclosure of any information, the confidential intermediary:

(1) may not disclose any information concerning the individual contacted;

(2) shall refrain from further and subsequent inquiry with the individual contacted; and

(3) shall report the refusal to the individual who applied for search, contact, and reunion services.

§ 5-4B-10.
(a) If a confidential intermediary files a report under § 5-4B-07 of this subtitle stating that an individual sought has not been located, the confidential intermediary shall continue to make reasonable attempts to contact the individual sought for the period specified in the search, contact, and reunion services agreement executed in accordance with § 5-4B-05 of this subtitle.

(b) If the confidential intermediary is unsuccessful at locating the individual sought within the period specified in the search, contact, and reunion services agreement, the confidential intermediary shall file a report with the Director stating the failure to locate the individual sought.

§ 5-4B-11.
(a) If an individual sought by a confidential intermediary is deceased, the confidential intermediary may not disclose the identity of the deceased to the individual who applied for search, contact, and reunion services.

(b) The confidential intermediary shall report the fact that the individual sought is deceased to the individual who applied for search, contact, and reunion services.

§ 5-4B-12.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

The Director shall adopt regulations to implement the provisions of this subtitle, including regulations concerning:

(1) the application process for search, contact, and reunion services;

(2) qualifications for a confidential intermediary;

(3) the agreement for search, contact, and reunion services executed by a confidential intermediary and an adopted individual or biological parent; and

(4) the delivery and scope of search, contact, and reunion services.

** SPECIAL NOTE: EFFECTIVE - FEBRUARY 10, 2005 - CHAPTER 7 OF THE SPECIAL SESSION - 2004 **

The Director shall adopt regulations to implement the provisions of this subtitle, including regulations concerning:

(1) the application process for search, contact, and reunion services;

(2) qualifications for a confidential intermediary;

(3) the agreement for search, contact, and reunion services executed by a confidential intermediary and an adopted individual, biological parent, or sibling; and

(4) the delivery and scope of search, contact, and reunion services.

§ 5-4C-01.
(a) In this subtitle the following words have the meanings indicated.

(b) "Administration" means the Social Services Administration of the Department.

(1) who was adopted in this State; or

(2) who was placed for adoption by:

(i) a child placement agency licensed in this State; or

(ii) a local department.

(d) "Director" means the Director of the Administration.

(e) "Identifying information" means information that reveals the identity or location of an adoptee, the natural parents of an adoptee, or a natural sibling.

(f) "Local department" means a local department of social services for a county.

(g) "Natural father" means a man who:

(1) was married to the adoptee's natural mother at the time of conception;

(2) was married to the adoptee's natural mother at the time of the adoptee's birth;

(3) was named as the father on the adoptee's pre-adoption birth certificate, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court;

(4) was identified by the natural mother as the father of the adoptee, unless the man has signed a denial of paternity or his nonpaternity has been determined by a court;

(5) has been adjudicated to be the father of the adoptee; or

(6) has acknowledged himself orally or in writing to be the father of the adoptee.

(h) "Natural sibling" means an individual who is at least 21 years old and shares 1 or both natural parents with an adoptee.

(i) "Registry" means the Mutual Consent Voluntary Adoption Registry.

§ 5-4C-02.
The purpose of this subtitle is to:

(1) establish within the Administration a Mutual Consent Voluntary Adoption Registry where natural parents, adoptees, and natural siblings may register if they wish to have identifying information released to each other; and

(2) provide for the disclosure of identifying information to natural parents, adoptees, and natural siblings who have registered with the Mutual Consent Voluntary Adoption Registry.

§ 5-4C-03.
(a) The Director shall:

(1) establish and maintain a Mutual Consent Voluntary Adoption Registry;

(2) adopt rules and regulations to carry out the provisions of this subtitle; and

(3) set and assess a reasonable fee for registrants, except that an individual may not be denied registration solely because of an inability to pay the fee.

(b) The Director may contract with child placement agencies in this State to perform specific duties under this subtitle.

§ 5-4C-04.
(a) Except as otherwise provided in this subtitle, or pursuant to a court order, the Administration may not disclose information contained in the Registry.

(b) The Administration shall retain affidavits and other information collected concerning a registrant until the date specified by the registrant, or for 99 years after the date of registration, whichever occurs first.

§ 5-4C-05.
Only the following individuals may register with the Registry:

(1) an adoptee:

(i) who is at least 21 years of age; and

(ii) who does not have a natural sibling under the age of 21 years who has the same adoptive parents;

(2) a natural mother;

(3) a natural father; and

(4) a natural sibling.

§ 5-4C-06.
(a) (1) To register with the Registry, an individual shall submit a notarized affidavit containing the following information:

(i) the individual's current name and any previous name by which the individual was known;

(ii) the individual's address and telephone number;

(iii) if the individual is a natural parent of the adoptee, the original and adopted names, if known, of the adoptee;

(iv) if the individual is an adoptee who is seeking information regarding the adoptee's natural parents, any names, if known, by which the natural parents are or were known;

(v) if the individual is an adoptee who is seeking information regarding a natural sibling, any names, if known, by which the natural sibling is or was known;

(vi) if known, the place and date of birth of the adoptee;

(vii) if known, the name and address of the child placement agency or local department, if any, that placed the adoptee;

(viii) if known, the names of the adoptive parents of the adoptee;

(ix) the name and address of the court that issued the adoption or guardianship decree; and

(x) a statement of the individual's consent to be identified to other registrants.

(2) A registrant shall notify the Administration of changes in information occurring after the affidavit is filed.

(3) A registrant may withdraw from the Registry at any time by submitting a notarized affidavit to that effect to the Administration.

(b) (1) The Administration shall obtain information necessary for identifying an adoptee, a natural mother of an adoptee, a natural father, or a natural sibling.

(2) The Administration may not obtain information regarding:

(i) the adoptive parents of the adoptee;

(ii) a child of the adoptive parents who is not a natural sibling; or

(iii) the financial status of the adoptive parents of the adoptee.

§ 5-4C-07.
(a) On receipt of an affidavit, the Administration shall:

(1) attempt to match registrants or to provide matching information; and

(2) if a match is made, direct the child placement agency, if known, or the local department, if there is no known child placement agency, to notify the registrants through a confidential contact.

(b) (1) Except as otherwise provided in this subsection, a match is made when:

(i) an adoptee and the adoptee's natural mother and natural father register; or

(ii) 2 or more natural siblings register.

(2) A match is made when an adoptee and only 1 natural parent of the adoptee register if:

(i) notice of the filing of the petition for adoption or guardianship was given to the nonregistering parent and the parent did not participate in the judicial proceedings that terminated the parent-child relationship or declared the parent-child relationship was nonexistent;

(ii) an adoptee and the natural mother of the adoptee register and there is no known natural father;

(iii) the natural mother of the adoptee, or in the case of an agency adoption, the agency submits, or the Administration obtains from a court of competent jurisdiction in the state of the adoptee's birth or adoption, a copy of a judgment that declares that the identity of the natural father is unknown;

(iv) the Administration has information that indicates that the other natural parent is dead;

(v) notice of the filing of the petition for adoption or guardianship was not given to the nonregistering natural parent of the adoptee; or

(vi) 1 year has elapsed since the registering natural parent filed the affidavit and the nonregistering natural parent has not filed a notarized affidavit stating the nonregistering parent's refusal to permit the match.

(3) Matching information is provided:

(i) if both natural parents are deceased; and

(ii) if only an adoptee has registered.

(c) (1) In order to make a match or provide matching information, the Administration may inquire into the records of a child placement agency, local department, or court that issued an adoption or guardianship decree.

(2) The court that issued the adoption decree shall order that the Administration have access to court records on receipt of a petition from the Administration that states that review of the records is needed in order to make a match or to provide matching information under this section.

§ 5-501.
(a) In this subtitle the following words have the meanings indicated.

(b) "Administration" means the Social Services Administration of the Department.

(d) "Day care provider" means the adult who has primary responsibility for the operation of a family day care home.

(e) "Family day care" means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the day care provider is paid.

(f) "Family day care home" means a residence in which family day care is provided.

(g) "Foster care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home.

(h) "Group care" means continuous 24-hour care and supportive services provided for a minor child placed in a licensed group facility.

(i) "Kinship care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the 5th degree of consanguinity or affinity under the civil law rule.

(j) (1) "License" means a license issued by the Administration under this subtitle.

(2) "License" includes:

(i) a child placement agency license;

(ii) a child care home license;

(iii) a child care institution license; and

(iv) a residential educational facility license.

(k) "Local board" means a local citizen board of review of foster care for children.

(l) "Local department" means a local department of social services for a county.

(m) "Out-of-home placement" means placement of a child into foster care, kinship care, group care, or residential treatment care.

(n) "Residential educational facility" means:

(1) a facility that:

(i) provides special education and related services for students with disabilities;

(ii) holds a certificate of approval issued by the State Board of Education; and

(iii) provides continuous 24-hour care and supportive services to children in a residential setting; or

(2) one of the following schools:

(i) the Benedictine School;

(ii) the Linwood School;

(iii) the Maryland School for the Blind; or

(iv) the Maryland School for the Deaf.

(o) "Residential treatment care" means continuous 24-hour care and supportive services for a minor child placed in a facility that provides formal programs of basic care, social work, and health care services.

(p) "State Board" means the State Citizen Board of Review of Foster Care for Children.

(q) "Unregistered family day care home" means a residence in which family day care is provided and in which the day care provider:

(1) has not obtained a certificate of registration from the Department;

(2) is not related by blood or marriage to each child in the provider's care;

(3) is not a friend of each child's parents or legal guardian and is providing care on a regular basis; and

(4) has not received the care of the child from a child placement agency licensed by the Administration or by a local department.

(r) "Voluntary placement agreement" means a binding, written agreement voluntarily entered into between a local department and the parent or legal guardian of a minor child that specifies, at a minimum, the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the local department while the child is in placement.

§ 5-502.
(a) The General Assembly declares that:

(1) minor children are not capable of protecting themselves; and

(2) when a parent has relinquished the care of the parent's minor child to others, there is a possibility of certain risks to the child that require compensating measures.

(b) It is the policy of this State:

(1) to protect minor children whose care has been relinquished to others by the children's parent;

(2) to resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and

(3) to encourage the development of day care services for minor children in a safe, healthy, and homelike environment.

§ 5-503.
(a) This section does not limit the powers of the Administration under this subtitle or the Department of Juvenile Services under Article 83C of the Code.

(b) An agent, officer, or representative of a Maryland corporation formed for the care, custody, or protection of minor children who has care or custody of a minor child has the authority and privileges of a law enforcement officer for any purpose related to the objectives of the corporation.

(c) (1) A person, including a person acting under claim or color of authority over a minor child as a parent, guardian, or otherwise, may not interfere with or obstruct an agent, officer, or representative described in subsection (b) of this section in relation to the care, custody, or protection of the minor child by the agent, officer, or representative.

(2) A person who violates this subsection is guilty of a misdemeanor.

§ 5-504.
(a) Foster parents in this State have the following rights:

(1) the right, at the initial placement, at any time during the placement of a child in foster care, and as soon as practicable after new information becomes available, to receive full information from the caseworker, except for information about the family members that may be privileged or confidential, on the physical, social, emotional, educational, and mental history of a child which would possibly affect the care provided by a foster parent;

(2) with regard to the local department of social services case planning, the right to:

(i) except for meetings covered by the attorney-client privilege or meetings in which confidential information about the natural parents is discussed, be notified of, and when applicable, be heard at scheduled meetings and staffings concerning a child in order to actively participate, without superseding the rights of the natural parents to participate and make appropriate decisions regarding the child, in the case planning, administrative case reviews, interdisciplinary staffings, and individual educational planning and mental health team meetings;

(ii) be informed of decisions made by the courts or a child welfare agency concerning a child; and

(iii) provide input concerning the plan of services for a child and to have that input given full consideration by the local department of social services; and

(3) the right to be given reasonable written notice, waived only in cases of a court order or when a child is determined to be at imminent risk of harm, of plans to terminate the placement of a child with a foster parent.

(b) This section does not create, and may not be construed to create, a cause of action for foster parents.

§ 5-506.
(a) The General Assembly intends that:

(1) all children whose care is the responsibility of this State shall have similar protection in terms of health, safety, and quality of care; and

(2) the rules and regulations of agencies that are charged with child care shall be comparable.

(b) In addition to other rules and regulations adopted under this title, the Department may adopt rules and regulations to carry out §§ 5-507, 5-508, 5-509, and 5-509.1 of this subtitle, which relate to the licensing of child placement agencies, child care homes, child care institutions, and residential educational facilities.

(c) (1) By rule or regulation, the Department may delegate authority to local departments and licensed child placement agencies to issue licenses or approve applicants for licenses under this subtitle.

(2) Any rule or regulation adopted by the Department under this subsection shall provide for an appeal to an administrative appellate authority from a decision of a local department or licensed child placement agency.

(d) (1) A child placement agency, child care home, child care institution, or residential educational facility may not be required to obtain a license from more than one State agency.

(2) Any State agency authorized to license child placement agencies, child care homes, child care institutions, or residential educational facilities may make cooperative arrangements with any other State agency to give effect to paragraph (1) of this subsection.

(e) As provided in Article 49D, § 12 of the Code, the Department shall cooperate in planning and determining the cost of developing and implementing a system of evaluating the success of services to children in out-of-home placement.

§ 5-507.
(a) Except as otherwise provided in this section, a person shall be licensed by the Administration as a child placement agency before the person may engage in the placement of minor children in homes or with individuals.

(b) A license is not required:

(1) for a person to place a child with an individual related to the child by blood or marriage within 4 degrees of consanguinity or affinity under the civil law rule;

(2) except as provided in subsection (c) of this section, for a parent or grandparent of a child to place the child directly, without the intervention of any other person except the recipient of the child; or

(3) for a lawyer to prepare pleadings necessary to accomplish the adoption of a child or to perform any other function associated with the normal practice of law.

(1) a petition for adoption is filed in court; and

(2) the court, by order, sanctions the placement pending final action on the petition.

§ 5-508.
(a) Except as otherwise provided in this section, a person shall be licensed by the Administration as a child care home before the person may exercise care, custody, or control of a minor child.

(b) This section does not apply:

(1) to a parent of the child;

(2) to an individual related to the child by blood or marriage within five degrees of consanguinity or affinity under the civil law rule;

(3) to a guardian of the child;

(4) to a person who exercises temporary care, custody, or control over the child at the request of a parent or guardian of the child and who is not required otherwise to be licensed;

(5) to an individual with whom the child is placed in foster care by:

(i) a child placement agency that is licensed under § 5-507 of this subtitle;

(ii) a local department;

(iii) the Department of Juvenile Services;

(iv) the Secretary of Health and Mental Hygiene; or

(v) a court of competent jurisdiction;

(6) to a person who has the care, custody, or control of the child through placement for adoption by a parent or grandparent of the child, if the requirements of § 5-507(c) of this subtitle are met;

(7) to an institution that has a child care institution license under this subtitle or under Article 83C, § 2-124 of the Code; or

(8) to an institution that is operated by an agency of this State or any political subdivision of this State.

§ 5-509.
(a) Except as otherwise provided in this section, a person shall be licensed by the Administration as a child care institution before the person may operate an institution for the care, custody, or control of a minor child.

(b) This section does not apply:

(1) to an institution or facility that is operated by an agency of this State or any political subdivision of this State;

(2) to a child care home that has a license under this subtitle or under Article 83C, § 2-123 of the Code; or

(3) to an institution that accepts only children placed by the Department of Health and Mental Hygiene or the Department of Juvenile Services.
§ 5-509.1.
(a) Except as otherwise provided in subsection (b) of this section and subject to subsection (c) of this section, on or after January 1, 2000, a person shall be licensed by the Administration before the person may operate a residential educational facility.

(b) This section does not apply:

(1) to a child care home that has a license under this subtitle or under Article 83C, § 2-123 of the Code;

(2) to a child care institution that has a license under this subtitle or under Article 83C, § 2-124 of the Code; or

(3) to an institution that accepts only children placed by the Department of Health and Mental Hygiene or the Department of Juvenile Services.

(c) This section does not affect any requirement that a residential educational facility obtain a certificate of approval from the State Board of Education for its educational program.

§ 5-510.
To apply for a license under this subtitle, an applicant shall submit an application to the Administration on the form that the Administration requires.

§ 5-511.
Before any license may be issued under this subtitle to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the Administration:

(1) a certificate of compliance with the Maryland Workers' Compensation Act; or

(2) the number of a workers' compensation insurance policy or binder.

§ 5-512.
If the other state extends the same recognition and reciprocal relations to licensees under this subtitle, the Administration may recognize and deal with a person licensed or recognized by any other state as being authorized to exercise care, custody, or control of minor children or to engage in the placement of minor children.

§ 5-513.
Within 60 days after it receives the application, the Administration shall issue or deny a license under this subtitle and give notice of the action to the applicant.

§ 5-514.
A license issued under this subtitle is effective until the license is revoked or suspended under § 5-515 of this subtitle.

§ 5-515.
Subject to the hearing provisions of § 5-516 of this subtitle, if a licensee violates any provision of this subtitle or of a rule or regulation adopted under this subtitle, the Administration may:

(1) suspend the license for a period not exceeding 1 year; or

(2) revoke the license.

§ 5-516.
The Administration may not suspend or revoke a license under this subtitle unless the Administration gives to the licensee:

(1) notice of the suspension or revocation at least 20 days before the suspension or revocation;

(2) a statement of the grounds for the suspension or revocation; and

(3) an opportunity to be heard.

§ 5-517.
A person authorized to make a placement who is aggrieved by a decision of a local department or a licensed child placement agency that has a delegated authority to issue or approve a license under this subtitle may appeal the decision to the administrative appellate authority designated by rule or regulation.

§ 5-518.
(a) A person aggrieved by a final decision of the highest administrative appellate authority in a contested case may take any further appeal as allowed by the Administrative Procedure Act.

(b) If a further appeal is taken under this section:

(1) any criminal prosecution of the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal;

(2) any injunction against the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal; and

(3) the court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person.

§ 5-519.
(a) In connection with the issuance, suspension, or revocation of a license under this subtitle, the Administration may investigate the policies, purposes, premises, and facilities of a licensee or an applicant for a license.

(b) The Director of the Administration may petition an equity court to enjoin the activities and operations of a person who seeks to carry on, without a license, the activities for which the person must be licensed under this subtitle. The petition shall be filed in the circuit court for the county in which the person is located or has a place of business.

§ 5-520.
(a) In placing a minor child for adoption or in giving the care, custody, or control of a minor child to any person, a licensee shall give preference to persons of the same religious belief as that of the child or the child's parents unless the parents specifically indicate a different choice.

(b) A person authorized to place a minor child for adoption shall compile and make available to an adoptive parent a pertinent medical history of the child's natural parents, if possible.

(c) A medical history compiled under this section may not disclose or permit disclosure of the names or identity of a child's natural parents.

§ 5-521.
A person who, in violation of any provision of this Part II of this subtitle, exercises care, custody, or control of a minor child unrelated by blood or marriage or makes a placement of a minor child unrelated by blood or marriage is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year.

§ 5-524.
The Administration shall provide child welfare services to a child and the child's parent or guardian:

(1) to assist in preventing the necessity of placing the child outside of the child's home;

(2) to reunite the child with the child's parent or guardian after the child has been placed in foster care; or

(3) if the child has been placed in foster care and cannot return to the child's parent or guardian, to develop and implement an alternative permanent plan for the child.

§ 5-525.
(a) (1) The Administration shall establish a program of out-of-home placement for minor children:

(i) who are placed in the custody of a local department, for a period of not more than 180 days, by a parent or legal guardian under a voluntary placement agreement;

(ii) who are abused, abandoned, neglected, or dependent, if a juvenile court:

1. has determined that continued residence in the child's home is contrary to the child's welfare; and

2. has committed the child to the custody or guardianship of a local department; or

(iii) who, with the approval of the Administration, are placed in an out-of-home placement by a local department under a voluntary placement agreement subject to paragraph (2) of this subsection.

(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.

(b) In establishing the out-of-home placement program the Administration shall:

(1) provide time-limited family reunification services to a child placed in an out-of-home placement and to the parents or guardian of the child, in order to facilitate the child's safe and appropriate reunification within a timely manner; and

(2) concurrently develop and implement a permanency plan that is in the best interests of the child.

(c) (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 solely because the child's parents are financially unable to provide treatment or care for a child with a developmental disability or mental illness.

(ii) The local department shall make appropriate referrals to emergency shelter services and other services for the homeless family with a child which lacks shelter.

(d) (1) Unless a court orders that reasonable efforts are not required under § 3-812 of the Courts Article or § 5-313 of this title, reasonable efforts shall be made to preserve and reunify families:

(i) prior to the placement of a child in an out-of-home placement, to prevent or eliminate the need for removing the child from the child's home; and

(ii) to make it possible for a child to safely return to the child's home.

(2) In determining the reasonable efforts to be made and in making the reasonable efforts described under paragraph (1) of this

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