Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Fam. Law § 5-701  ‘Abuse’ means:

• The physical or mental injury of a child by any parent or other person who has permanent or temporary care, custody, or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed
• Sexual abuse of a child, whether physical injuries are sustained or not

Neglect

Citation: Fam. Law § 5-701  ‘Neglect’ means leaving a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:

• That the child’s health or welfare is harmed or placed at substantial risk of harm
• Mental injury to the child or a substantial risk of mental injury

Sexual Abuse/Exploitation

Citation: Fam. Law § 5-701 ‘Sexual abuse’ means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member. ‘Sexual abuse’ includes:

• Allowing or encouraging a child to engage in:
  • Obscene photography, films, poses, or similar activity
  • Pornographic photography, films, poses, or similar activity
  • Prostitution
• Human trafficking
• Incest
• Rape
• Sexual offense in any degree
• Sodomy
• Unnatural or perverted sexual practices

Emotional Abuse

Citation: Fam. Law § 5-701  ‘Mental injury’ means the observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function.

Abandonment

This issue is not addressed in the statutes reviewed.

Standards for Reporting

Citation: Fam. Law § 5-704
A report is required when a mandatory reporter has reason to believe that a child has been subjected to abuse or neglect.

Persons Responsible for the Child

Citation: Fam. Law § 5-701  Responsible persons include a parent or other person who provides temporary care, custody, or supervision of the child, including:

• A family member, including a relative to the child by blood, adoption, or marriage
• A household member, including a person who lives or is a regular presence in a home of a child at the time of the alleged abuse or neglect

Exceptions

No exceptions are specified in statute.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Fam. Law § 4-501  ‘Abuse’ means any of the following acts:

• An act that causes serious bodily harm
• An act that places a person eligible for relief in fear of imminent serious bodily harm
• Assault in any degree
• Rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article, or attempted rape or sexual offense in any degree
• False imprisonment
• Stalking under § 3-802 of the Criminal Law Article

Defined in Child Abuse Reporting and Child Protection Laws

Citation: Fam. Law § 4-501  If the person for whom relief [from domestic violence] is sought is a child, ‘abuse’ also may include abuse of a child, as defined in title 5, subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

Defined in Criminal Laws

Citation:This issue is not addressed in the statutes reviewed.

Persons Included in the Definition

Citation: Fam. Law §§ 4-501; 4-513  ‘Person eligible for relief’ includes:

• The current or former spouse of the respondent
• A cohabitant of the respondent
• A person related to the respondent by blood, marriage, or adoption
• A parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition
• A vulnerable adult
• An individual who has a child in common with the respondent

‘Cohabitant’ means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

‘Victim of domestic violence’ means an individual who has received deliberate, severe, and demonstrable physical injury, or is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse or a current or former cohabitant.

Current Through March 2015

Citation: Fam. Law § 5-708

Any person who makes or participates in making a report of abuse or neglect under §§ 5-704, 5-705, or 5-705.1 or participates in an investigation or a resulting judicial proceeding, shall have immunity from civil liability or criminal penalty.

Current Through February 2013

Individual Responsibility to Report

Citation: Fam. Law § 5-704  Notwithstanding any other provision of law, including any law on privileged communications, each mandated reporter, acting in a professional capacity in this State who has reason to believe that a child has been subjected to abuse or neglect, shall make an oral report by telephone or direct communication as soon as possible. A written report shall be made no later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect.

Content of Reports

Citation: Fam. Law § 5-704  Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:

• The name, age, and home address of the child
• The name and home address of the child’s parent or other person who is responsible for the child’s care
• The whereabouts of the child
• The nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect
• Any other information that might be helpful to determine the cause of the suspected abuse or neglect and the identity of any individual responsible for the abuse or neglect

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Fam. Law § 5-704  The oral report shall be made to the local department or the appropriate law enforcement agency. The written report shall be made to the local department, with a copy to the local State’s attorney.

An agency to which an oral report of suspected abuse or neglect is made shall immediately notify the other agency. This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

Initial Screening Decisions

Citation: Fam. Law § 5-706  Selected reports of abuse or neglect may be assigned to an alternative response program. Only a low-risk report of abuse or neglect may be considered for an alternative response. A report that is not assigned for an alternative response shall be assigned for investigation.

Within 24 hours after receiving a report of suspected physical or sexual abuse of a child, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child, the local department or the appropriate law enforcement agency shall:

• See the child
• Attempt to have an onsite interview with the child’s caregiver
• Decide on the safety of the child, wherever the child is, and of other children in the household
• Decide on the safety of other children in the care or custody of the alleged abuser

Agency Conducting the Assessment/Investigation

Citation: Fam. Law. § 5-706  Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation of a report of suspected abuse or neglect to protect the health, safety, and welfare of the child or children.

The agencies responsible for investigating reported cases of suspected sexual abuse, including the local department, the appropriate law enforcement agencies, and the local State’s attorney, shall implement a joint investigation procedure for conducting joint investigations of sexual abuse.

Assessment/Investigation Procedures

Citation: Fam. Law. § 5-706  The investigation shall include:

• A determination of the nature, extent, and cause of the abuse or neglect, if any
• If mental injury is suspected, an assessment by two of the following: a licensed physician, psychologist, or social worker

If the suspected abuse or neglect is verified:

• A determination of the identity of the person or persons responsible for the abuse or neglect
• A determination of the name, age, and condition of any other child in the household
• An evaluation of the parents and the home environment
• A determination of any other pertinent facts or matters
• A determination of any needed services

An ‘alternative response’ is a comprehensive assessment of:

• Risk of harm to the child
• Risk of subsequent child abuse or neglect
• Family strengths and needs
• The provision of or referral for necessary services

When a report is referred for an alternative response, the local department shall:

• See the child and the child’s parent or primary caregiver within 24 hours of receiving a report of physical abuse or within 5 days of receiving a report of neglect
• Attempt to have an onsite interview with the child’s parent or primary caregiver
• Evaluate the child’s home environment
• Decide on the safety of the child, wherever the child is, and of other children in the household
• Decide on the safety of other children in the care or custody of the individual suspected of abuse or neglect
• Advise the appropriate law enforcement agency that the report has been assigned for an alternative response, if the law enforcement agency made the report of abuse or neglect
• Inform the individual suspected of child abuse or neglect of the allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report

Timeframes for Completing Investigations

Citation: Fam. Law. § 5-706  To the extent possible, an investigation shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies. An investigation that is not completed within 30 days shall be completed within 60 days of receipt of the first notice of the suspected abuse or neglect.

Within 10 days after the local department or law enforcement agency receives the first notice of suspected abuse of a child, the local department or law enforcement agency shall report to the local State’s attorney the preliminary findings of the investigation. Within 5 business days after completion of the investigation, the local department and the appropriate law enforcement agency, if that agency participated in the investigation, shall make a complete written report of its findings to the local State’s attorney.

An alternative response assessment shall be completed within 60 days after the receipt of the report. Within 10 days after completing the alternative response assessment, the department shall provide a written report to the family members who are participating in the alternative response assessment as to whether and what services are necessary to address:

• The safety of the child or other children in the household
• The risk of subsequent abuse or neglect

Classification of Reports

Citation: Fam. Law. § 5-701  Reports may be classified as follows:

• ‘Indicated’ means a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.
• ‘Unsubstantiated’ means a finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.
• ‘Ruled out’ means a finding that abuse, neglect, or sexual abuse did not occur.

Current Through April 2015

Citation: Family Law § 5-710(b)  Promptly after receiving a report from a hospital or health practitioner of suspected neglect related to drug abuse and conducting an appropriate investigation, the local department may file a petition alleging that the child is in need of assistance under Title 3, Subtitle 8 of the Courts Article, and offer the mother admission into a drug treatment program.

The local department may initiate a judicial proceeding to terminate a mother’s parental rights, if the local department offers the mother admission into a drug treatment program under this subsection within 90 days after the birth of the child and if the mother:

• Does not accept admission to the program or its equivalent within 45 days after the offer is made
• Does not accept the recommended level of drug treatment within 45 days after the offer is made
• Fails to fully participate in the program or its equivalent

Citation: Family Law § 5-706.3(d)The Department of Human Resources, in cooperation with the Department of Health and Mental Hygiene, shall develop intervention systems in at least four counties designated by the Secretary of Human Resources that include drug treatment for a mother of a child who is born drug-exposed and supportive services for the family of the child.

An intervention shall be initiated when a child is born drug-exposed and medical personnel have determined that the child is at a high risk of abuse or neglect.

Subject to the provisions above, the local Department of Social Services and the Department of Health and Mental Hygiene shall assist the mother of a child who is born drug-exposed in obtaining drug treatment and providing supportive services to maintain family unity.

A Child in Need of Assistance [CINA] petition shall be filed on behalf of a child who is born drug-exposed if:

• The mother refuses the recommended level of drug treatment or does not successfully complete the recommended level of drug treatment.
• The mother is unable to provide adequate care for the child.
• The father is unable to provide adequate care for the child.

Citation: Crts. & Jud. Proc. Code § 3-818  Within 1 year after a child’s birth, there is a presumption that a child is not receiving proper care and attention from the mother for purposes of § 3-801(f)(2) of this subtitle if:

• The child was born exposed to cocaine, heroin, or methamphetamine, or a derivative of cocaine, heroin, or methamphetamine, as evidenced by any appropriate tests of the mother or child.
• Upon admission to a hospital for delivery of the child, the mother tested positive for cocaine, heroin, or methamphetamine, or a derivative of cocaine, heroin, or methamphetamine, as evidenced by any appropriate toxicology test.
• Drug treatment is made available to the mother and the mother refuses the recommended level of drug treatment or does not successfully complete the recommended level of drug treatment.

Current Through August 2014

Making The Appointment

Citation: Courts & Jud. Proc. § 3-813  A child who is the subject of a child in need of assistance (CINA) petition shall be represented by an attorney counsel.

Unless the court finds that it would not be in the best interests of the child, the court shall:

• Appoint an attorney with whom the Department of Human Resources has contracted to provide those services, in accordance with the terms of the contract
• If another attorney has previously been appointed, strike the appearance of that attorney

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Courts & Jud. Proc. § 3-813  In addition to, but not instead of, the appointment of an attorney, the court, in any action, may appoint an individual provided by a Court-Appointed Special Advocate (CASA) Program created under § 3-830.

Qualifications/Training

Citation: MD Guidelines for Attys Rep CINA, F2Lawyers who seek to represent children in these proceedings are encouraged to seek training and education in such subjects as:

• The role of child’s counsel
• Assessing considered judgment
• Basic interviewing techniques
• Child development, including cognitive, emotional, and mental stages
• Federal and State statutes, regulations, rules, and case law
• Overview of the court process and key personnel in child-related litigation
• Applicable guidelines and standards of representation
• Family dynamics and dysfunction, including substance abuse and mental illness
• Related issues such as domestic violence, special education, mental health, developmental disability systems, and adult guardianships
• Social service agencies, child welfare programs, and medical, educational, and mental health resources for the child and family
• Written materials, including related motions, court orders, pleadings, and training manuals

Specific Duties

Citation: Courts & Jud. Proc. § 3-830  The CASA program is created in a county with the support of the court for that county to provide trained volunteers whom the court may appoint to:

• Provide the court with background information to aid it in making decisions in the child’s best interests
• Ensure that the child is provided appropriate case planning and services

How the Representative Is Compensated

Citation: Courts & Jud. Proc. § 3-813  The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child in an action under this subtitle.

Current Through April 2014

When Case Plans Are Required

Citation: Code of Md. Reg. § 07.02.11.13  Within 60 days after placement, a written case plan shall be developed for each child in out-of-home placement.

The case plan shall be reassessed within 120 days of the initial plan and every 180 days after that. The local department shall amend the case plan, as necessary, in light of the child’s situation and of any court orders that affect the child.

Who May Participate in the Case Planning Process

Citation: Code of Md. Reg. § 07.02.11.13  The local department, together with the child’s parent or legal guardian, shall develop the written case plan.

Contents of a Case Plan

Code of Md. Reg. § 07.02.11.13  The case plan shall:

• Describe the circumstances that make placement necessary
• State with whom the child was living before placement and their relationship to the child
• Describe the efforts that were made but were unsuccessful in preventing or eliminating the need for removal from the child’s home, including the consideration of both in-State and out-of-State placement options, or why such efforts were not possible

The local department shall:

• Identify and develop a concurrent permanency plan, as appropriate
• Prioritize permanency plan options using the following order of preference:
  • Reunification with the parent or legal guardian
  • Placement with a relative for adoption or custody and guardianship
  • Adoption by a nonrelative
  • Guardianship by a nonrelative
  • Another planned permanent living arrangement
• Project the date when the concurrent permanency plans shall be achieved
• Describe the specific service and behavioral objectives that shall be achieved before the return of the child to the parents if one of the concurrent permanency plans is reunification
• Identify the services to be provided to the parents and the child in order to achieve the permanency goals
• Include consideration of the least restrictive setting appropriate to the child’s safety and care needs, and when determining a permanency plan, consider the following in descending order of priority:
  • The local jurisdiction where the child’s parent resides
  • Placement in another jurisdiction in the State, based on a compelling reason that it is in the child’s best interests because:
    • The child has strong ties to family, a placement resource, or other community resources in another jurisdiction in the State.
    • Necessary specialized services are not available to the child in the local jurisdiction but are available in another jurisdiction in the State.
    • There are no placements available in the jurisdiction to meet the individualized special placement needs of the child.
• Describe the type of home or institution in which the child has been or is to be placed and discuss the safety and appropriateness of the placement
• Discuss how the local department plans to carry out specific court orders, if any, pertaining to the child
• Include a plan for ensuring that the child receives safe and appropriate care
• Include a plan for working to ensure that services are provided to the child, parents, and resource parents to improve the conditions in the parents’ home and to facilitate the child’s return to his or her own safe home or other safe and appropriate permanent placement
• Include a plan for working to ensure that services are provided to the child and foster parents to address the needs of the child while in foster care
• Discuss the appropriateness of the services that have been provided to the child
• For a child age 14 or older, include a written description of the life skills training that will help the child prepare for independent living
• To the extent available and accessible, include the most recent health and education records of the child, including:
  • The names and addresses of the child’s health and educational providers
  • The child’s grade-level performance
  • The child’s school record
  • Assurances that the child’s placement in out-of-home care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement
  • A record of the child’s immunizations, known medical problems, and medications
  • Any other relevant health and education information

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT

Current Through January 2016

Schedule of Hearings

Citation: Fam. Law § 5-525; Crts. & Jud. Proc. §§ 3-816.2; 3-823  Unless a child has received a review from the local board of review of foster care, the local Department of Social Services shall perform an administrative review every 6 months to determine the success of the efforts to meet the goals set out in the permanency plan or the agreement with the parents or guardians in voluntary placements.

The court shall conduct a hearing to review the status of each child under its jurisdiction within 6 months after the filing of the first petition under this subtitle and at least every 6 months thereafter.

The court shall hold a permanency planning hearing to determine the permanency plan for a child:

• No later than 11 months after a child has entered an out-of-home placement
• Within 30 days after the court finds that reasonable efforts to reunify a child with the child’s parent or guardian are not required

A child shall be considered to have entered an out-of-home placement 30 days after the child is placed into an out-of-home placement. If all parties agree, a permanency planning hearing may be held on the same day as the reasonable efforts hearing.

The court shall:

• Conduct a hearing to review the permanency plan at least every 6 months until commitment is rescinded or a voluntary placement is terminated
• Conduct a review hearing every 12 months after the court determines that the child shall be continued in out-of-home placement with a specific caregiver who agrees to care for the child on a permanent basis

Unless the court finds good cause, a case shall be terminated after the court grants custody and guardianship of the child to a relative or other individual. If the court finds good cause not to terminate a case, the court shall conduct a review hearing every 12 months until the case is terminated.

Persons Entitled to Attend Hearings

Citation: Crts. & Jud. Proc. §§ 8-823; 8-801; Fam. Law § 5-504  The court shall give each party notice and an opportunity to attend the hearing. The term ‘party’ means:

• A child who is the subject of a petition
• The child’s parent, guardian, or custodian
• The petitioner
• An adult who is charged under § 3-828 as a person who has contributed to acts, omissions, or conditions that rendered a child in need of assistance

The term ‘party’ does not include a foster parent. The foster parents are permitted to attend all hearings. This right does create a cause of action for foster parents.

Determinations Made at Hearings

Citation: Crts. & Jud. Proc. §§ 3-816.2; 3-823  At a review hearing, the court shall:

• Evaluate the safety of the child
• Determine the continuing necessity for and appropriateness of any out-of-home placement
• Determine the appropriateness of and extent of compliance with the case plan for the child
• Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating the court’s jurisdiction
• Project a reasonable date by which the child may be returned to and safely maintained in the home or placed for adoption or under a legal guardianship

If a permanency plan for the child has been determined under § 3-823 of this subtitle, the permanency review hearing conducted by the court shall satisfy the requirements of this section.

At the permanency review hearing, the court shall:

• Determine the continuing necessity for and appropriateness of the commitment
• Determine and document in its order whether reasonable efforts have been made to finalize the permanency plan that is in effect
• Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating commitment
• Project a reasonable date by which a child in placement may be returned home, placed in a preadoptive home, or placed under a legal guardianship
• Evaluate the safety of the child and take necessary measures to protect the child
• Change the permanency plan if a change in the permanency plan would be in the child’s best interest

Every reasonable effort shall be made to achieve a permanent placement for the child within 24 months after the date of initial placement. At least every 12 months at a hearing under this section, the court shall consult on the record with the child in an age-appropriate manner to obtain the child’s views on permanency.

Permanency Options

Citation: Fam. Law § 5-525To the extent consistent with the best interests of the child in an out-of-home placement, the local department shall consider the following permanency plans, in descending order of priority:

• Returning the child to the child’s parent or guardian, unless the local department is the guardian
• Placing the child with relatives to whom adoption, custody and guardianship, or care and custody, in descending order of priority, are planned to be granted
• Adoption in the following descending order of priority:
  • By a current foster parent with whom the child has resided continually for at least the 12 months prior to developing the permanency plan or for a sufficient length of time to have established positive relationships and family ties
  • By another approved adoptive family
• Another planned permanent living arrangement that:
  • Addresses the individualized needs of the child, including the child’s educational plan, emotional stability, physical placement, and socialization needs
  • Includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child’s life

Current Through March 2016

Citation: Family Law § 5-525(f)(1)  In developing a permanency plan for a child in an out-of-home placement, the local department shall give primary consideration to the best interests of the child, including consideration of both in-State and out-of-State placements. The local department shall consider the following factors in determining the permanency plan that is in the best interests of the child:

• The child’s ability to be safe and healthy in the home of the child’s parent
• The child’s attachment and emotional ties to the child’s natural parents and siblings
• The child’s emotional attachment to the child’s current caregiver and the caregiver’s family
• The length of time the child has resided with the current caregiver
• The potential emotional, developmental, and educational harm to the child if moved from the child’s current placement
• The potential harm to the child by remaining in State custody for an excessive period of time

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Family Law § 5-525.1  A petition for termination of parental rights shall be filed if:

• The child has been in an out-of-home placement for 15 of the most recent 22 months.
• A court finds that the child is an abandoned infant.
• A court finds that the parent has been convicted, in any State or any court of the United States, of:
  • A crime of violence against a minor offspring of the parent, the child, or another parent of the child
  • Aiding, abetting, conspiring, or soliciting to commit a crime described above

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Family Law § 5-525.1  The Department of Human Services is not required to file a petition for termination of parental rights if:

• The child is being cared for by a relative.
• The department has documented in the case plan a compelling reason why termination of parental rights would not be in the child’s best interests.
• The department has not provided services to the family consistent with the time period in the case plan that the department considers necessary for the safe return of the child to the child’s home.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Cts & Jud Pro § 5-641

An infant may be relinquished within 10 days of his or her birth.

Who May Relinquish the Infant

Citation: Cts & Jud Pro § 5-641

The mother or other person may relinquish the infant. If the person leaving a newborn is not the mother of the newborn, the person shall have the approval of the mother to do so.

Who May Receive the Infant

Citation: Cts & Jud Pro § 5-641

The infant may be delivered to a responsible adult or a hospital or other facility designated by regulation.

Responsibilities of the Safe Haven Provider

Citation: Cts & Jud Pro § 5-641

A person who receives an infant shall take the infant to a hospital. The hospital shall notify the local Department of Social Services within 24 hours.

Immunity for the Provider

Citation: Cts & Jud Pro § 5-641

A responsible adult and a hospital or other designated facility that accepts a newborn under this section and an employee or agent of the hospital or facility shall be immune from civil liability or criminal prosecution for good-faith actions taken related to the acceptance of or medical treatment or care of the newborn, unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.

Protection for Relinquishing Parent

Citation: Cts & Jud Pro § 5-641

A person who leaves an unharmed newborn with a responsible adult within 10 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn, shall be immune from civil liability or criminal prosecution for the act.

Effect on Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Code of Regs. § 07.02.29.02  The term ‘guardianship’ means that a court has granted physical and legal custody, including legal authority and responsibility for a child, to an individual to provide for a child’s needs.

The term ‘kinship care’ means continuous 24-hour care and supportive services provided for a minor child placed by a child-placing agency in the home of a relative related by blood or marriage, within the fifth degree of consanguinity or affinity.

The term ‘relative’ means an adult who is at least age 21, or at least age 18 and married to an adult who is at least age 21, and who is:

• Related by blood, marriage, or adoption within the fifth degree of consanguinity or affinity
• An individual who makes up the family support system, including adults related beyond the fifth degree of consanguinity or affinity, godparents, friends of the family, or other adults who have a strong familial bond with the child

The term ‘relative caregiver’ means a relative, or relatives as is applicable, of a child who is in the care, custody, or guardianship of a local department and who has been designated by the local department as a temporary 24-hour caregiver of that child.

The term ‘relative guardian’ means a relative caregiver whom the court has designated as guardian.

Purpose of Guardianship

Citation: Code of Regs. § 07.02.29.01  The purpose of the guardianship assistance program is to provide legal stability for a child who is in the custody or guardianship of a local department of social services by allowing relative caregivers to take full legal responsibility for the child.

The goals of the guardianship assistance program are to:

• Encourage relative caregivers to become legal guardians of a child who has been placed in their home by a local department of social services by removing financial barriers
• Provide a permanent, safe, and nurturing environment for a child that supports a familial cultural background

A Guardian’s Rights and Responsibilities

This issue is not addressed in the statutes and regulations reviewed.

Qualifying the Guardian

Citation: Crts. & Jud. Proc. § 3-819.2; Code of Regs. §§ 07.02.11.26; 07.02.11.27  The report to the court shall include a:

• Home study
• Child protective services history
• Criminal history records check
• Review of the proposed guardian’s physical and mental health history

In regulation: The local department shall give priority to the child’s relatives over nonrelatives when determining permanency plans and placement. The decision by the local department to place a child with relatives shall be made:

• With the participation of the relatives
• After completing a home study to include:
  • A physical description of the relative’s living situation and family history
  • Services needed by the child
  • The relative’s ability and capacity to safely assume parental responsibilities
• When feasible, in conjunction with a visit or visits by the child in the relative’s home

Before custody and guardianship are granted to a relative or nonrelative of a child not committed to the local department, the local department shall:

• Determine if departmental funds are available to support and maintain the child
• Assess all factors necessary to determine the best interests of the child
• Pursuant to an order from the court, prepare a report on the suitability of the individual to be the guardian of the child that includes a:
  • Home study for custody and guardianship
  • Child protective services history, if any
  • Criminal background check
  • Review of the proposed guardian’s physical and mental health history

The local department shall submit the report to the court within 120 days after the date that the court issued the order to the local department to produce the report.

Procedures for Establishing Guardianship

Citation: Fam. Law § 5-326; Crts. & Jud. Proc. § 3-819.2  At a guardianship review hearing held 1 year or more after a juvenile court enters an order for guardianship of a child, the juvenile court may designate an individual guardian of the child if:

• The local department certifies the child’s successful placement with the individual under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department.
• The local department files a report by a child-placing agency, completed in accordance with department regulations, as to the suitability of the individual to be the child’s guardian.
• The juvenile court makes a specific finding that:
  • For a compelling reason, adoption is not in the child’s best interests.
  • Custody and guardianship by the individual is in the child’s best interests and is the least restrictive alternative available.

Designation of a guardian under this paragraph terminates the local department’s legal obligations and responsibilities to the child.

Before granting custody and guardianship under this section, the court shall consider:

• Any assurance by the local department that it will provide funds necessary for the support and maintenance of the child
• All factors necessary to determine the best interests of the child
• A report by a local department or a licensed child-placing agency, completed in compliance with regulations adopted by the Department of Human Resources, on the suitability of the individual to be the guardian of the child.

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

Eligibility for Guardianship Subsidy

Citation: Code of Regs. §§ 07.02.29.03; 07.02.29.04; 07.02.29.05  Both the child and the relative caregiver shall meet the eligibility requirements stated in this chapter, including:

• The child shall be placed with the caregiver for at least 6 consecutive months prior to the establishment of guardianship assistance.
• The relative caregiver home shall be approved as a resource home or kinship home for 6 consecutive months in which the child resided with the caregiver.

A child committed to a local department shall be eligible for consideration to participate when:

• A court has determined that continuation in the home would be contrary to the welfare of the child.
• The child has resided with the relative caregiver for 6 consecutive months.
• The local department has established that both returning home and adoption have been ruled out.
• The child demonstrates a strong attachment to the relative caregiver.
• The child is under age 18 at the time of the court hearing to award custody and guardianship.
• The school-age child under age 18 is a full-time elementary or secondary school student, or is incapable of attending school due to a documented medical condition.

To be eligible for the guardianship assistance program, the relative caregiver shall:

• Successfully complete the application requirements as set forth in this regulation
• Be an approved resource or formal kinship home with the child in the placement for 6 consecutive months
• Demonstrate a strong commitment to permanently care for the child

The relative caregiver shall:

• Complete a signed written application
• Complete a physical assessment and a mental health history
• Meet all the requirements of approval for a resource home or kinship home

The spouse of a relative guardian shall be encouraged to participate as a relative guardian for the agreement and the court-determined guardianship.

Links to Agency Policies

Maryland Department of Human Resources, Social Services Administration, 1.9.15 COMAR 07.02.29, Guardianship Assistance Program (PDF – 518 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Fam. Law §§ 5-501; 5-534  The term ‘kinship care’ means continuous 24-hour care and supportive services provided to a minor child placed by a child placement agency in the home of a person related by blood or marriage within the fifth degree of consanguinity or affinity under the civil law rule.

The term ‘kinship parent’ means an individual who is related by blood or marriage within five degrees of consanguinity or affinity under the civil law rule to a child who is in the care, custody, or guardianship of the local department and with whom the child may be placed for temporary or long-term care other than adoption.

In selecting a placement that is in the best interests of a child in need of out-of-home placement:

• The local department shall, as a first priority, attempt to place the child with a kinship parent.
• The local department shall exhaust all reasonable resources to locate a kinship parent for initial placement of the child.
• If no kinship parent is located at the time of the initial placement, the child shall be placed in a foster care setting.
• If a kinship parent is located subsequent to the placement of a child in a foster care setting, the local department may, if it is in the best interests of the child, place the child with the kinship parent.

Requirements for Placement with Relatives

Citation: Fam. Law §§ 5-561; 5-534; Code of Regs. § 07.02.25.11  A criminal history records check is required for any adult known to be residing in the home of an adult relative of a child with whom the child, committed to a local department, is placed by the local department.

A kinship parent must be at least age 21. If the kinship parent is at least age 18 and married to a person who is at least age 21, the department may waive this requirement.

In regulation: Restricted resource homes shall meet the same requirements as regular resource homes. A restricted resource home can be either that of a relative or nonrelative. In either case, the same eligibility criteria apply. Provisional approval may be granted only to a relative of a child who seeks to become a restricted resource parent.

Requirements for Placement of Siblings

Citation: Fam. Law § 5-525.2  A local department shall place together siblings who are in an out-of-home placement under § 5-525 of this subtitle if:

• It is in the best interests of the siblings to be placed together.
• Placement of the siblings together does not conflict with a specific health or safety regulation.

If placement of the siblings together conflicts with a specific health or safety regulation, the local department may place the siblings together if the local department makes a written finding describing how placement of the siblings together serves the best interests of the siblings.

Any siblings who are separated due to a foster care or adoptive placement may petition a court, including a juvenile court with jurisdiction over one or more of the siblings, for reasonable sibling visiting rights. If a petitioner under this subsection petitions a court to issue a decree regarding visits or to amend an order, the court:

• May hold a hearing to determine whether such visits are in the best interests of the children
• Shall weigh the relative interests of each child and base its decision on the best interests of the children promoting the greatest welfare and least harm to the children
• May issue an appropriate order or decree

Relatives Who May Adopt

Citation: Fam. Law § 5-3B-12  The child may be placed for adoption with a relative of the child, by blood or marriage, within four degrees of affinity or consanguinity under the civil law rule.

Requirements for Adoption by Relatives

Citation: Fam. Law §§ 5-3B-12; 5-3B-24  The provisions of § 5-3B-12, which requires the parent to petition the court for approval before placing the child for adoption, and § 5-3B-24, which requires the adoption petitioner to file with the court an accounting of all payments, are not applicable when the child is placed for adoption with a relative of the child.

Current Through March 2016

What Are Reasonable Efforts

Citation: Family Law § 5-525(c)  The Department of Human Resources shall provide time-limited family reunification services to a child placed in an out-of-home placement and to the parent or guardian of the child in order to facilitate the child’s safe and appropriate reunification in a timely manner.

When Reasonable Efforts Are Required

Citation: Family Law § 5-525(e)  Reasonable efforts shall be provided to preserve or reunify a family:

• Prior to an out-of-home placement to prevent or eliminate the need for removing the child from home
• To make it possible for a child to return home safely
• To finalize a permanent placement for the child if continuation of reasonable efforts is determined to be inconsistent with the permanency plan

When Reasonable Efforts Are NOT Required

Citation: Courts & Jud. Proc. § 3-812(b)  A local department may ask the court to find that reasonable efforts to reunify a child with the child’s parent are not required if the local department concludes that a parent:

• Has subjected the child to any of the following aggravated circumstances:
  • The parent has engaged in or facilitated chronic or severe physical abuse, chronic and life-threatening neglect, sexual abuse, or torture of the child, a sibling of the child, or another child in the household.
  • The parent knowingly failed to take appropriate steps to protect the child after a person in the household inflicted sexual abuse, severe physical abuse, life-threatening neglect, or torture on the child or another child in the household.
  • The child, a sibling of the child, or another child in the household has suffered severe physical abuse or death resulting from abuse by the parent or another adult in the household, and all persons who could have inflicted the abuse or caused the death remain in the household.
  • The parent has abandoned the child.
• Has been convicted, in any State or any court of the United States, of:
  • A crime of violence against a minor offspring of the parent or guardian, the child, or another parent of the child
  • Aiding or abetting, conspiring, or soliciting to commit a crime of violence
• Has involuntarily lost parental rights of a sibling of the child

The term ‘crime of violence’ includes abduction, arson, kidnapping, manslaughter, mayhem, maiming, rape, robbery, carjacking, sexual offenses, use of a handgun in the commission of a felony or other crime of violence, first-degree child abuse, and assault.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Ann. Code, Est. & Trusts § 13-903  The parent may file a petition for appointment of a standby guardian. Each person having parental rights over the minor must join in the petition.

How to Establish a Standby Guardian

Citation: Ann. Code, Est. & Trusts §§ 13-903; 13-904   The petition for the judicial appointment of a standby guardian shall state:

• The duties of the standby guardian
• Whether the authority of the standby guardian is to become effective on the petitioner’s incapacity or death, whichever occurs first
• That there is a significant risk that the petitioner will become incapacitated or die within 2 years of the filing of the petition and the basis for this statement

If the court finds that there is a significant risk that the petitioner will become incapacitated or die within 2 years of the filing of the petition and that the interests of the minor will be promoted by the appointment of a standby guardian, the court shall issue a decree accordingly.

A parent may also designate a standby guardian by means of a written designation that is signed in the presence of two witnesses who are at least age 18, neither of whom is the standby guardian, and signed by the standby guardian. The written designation shall identify the parent, the minor, and the person designated to be the standby guardian, state the duties of the standby guardian, and indicate that the parent intends for the standby guardian to become the minor’s guardian in the event the parent either:

• Becomes incapacitated
• Becomes debilitated and consents to the beginning of the standby guardian’s authority

How Standby Authority is Activated

Citation: Ann. Code, Est. & Trusts §§ 13-903; 13-904  The standby guardian’s authority becomes effective at:

• The parent’s death
• The parent’s incapacity
• On receipt of the written consent of the parent

If the petition to appoint has already been approved, the standby guardian has 90 days after the parent’s death or incapacity to file confirming documents with the court.

The authority of the standby guardian under a written designation shall begin on the standby guardian’s receipt of:

• A copy of a determination of debilitation under § 13-906 of this subtitle
• A copy of the parent’s written consent to the beginning of the standby guardianship, signed by the parent in the presence of two witnesses who are at least age 18, neither of whom is the standby guardian, and signed by the standby guardian
• A copy of the birth certificate for each child for whom the standby guardian is designated

The standby guardian shall file a petition for judicial appointment within 180 days of the date of the beginning of the standby guardianship under this section.

Involvement of the Noncustodial Parent

Citation: Ann. Code, Est. & Trusts § 13-903
Any person with parental rights over the minor must join in the petition to appoint a standby guardian. If a person with parental rights cannot be located after reasonable efforts have been made, the court may proceed to appoint a standby guardian.

Authority Relationship of the Parent and the Standby

Citation: Ann. Code, Est. & Trusts § 13-907   The standby guardian’s authority is limited and does not divest the parent of any parental or guardianship rights.

Withdrawing Guardianship

Citation: Ann. Code, Est. & Trusts §§ 13-903; 13-904  Before the petition is filed, the parent may notify the standby guardian verbally or in writing. After the petition has been granted, the parent must file a written revocation with the court and notify the standby guardian.

The standby guardian may renounce an appointment at any time before assuming authority by filing a written renunciation with the court and notifying the parent in writing.