Maryland Family Law Section 5-327

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (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.

** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 464 - 2005 **

      If, after a juvenile court grants guardianship, a party becomes aware that a condition of consent to the guardianship may not be fulfilled:

            (1)      the party promptly shall:

                  (i)      file notice with the juvenile court; and

                  (ii)      give notice to all of the other parties;

            (2)      the juvenile court shall schedule a hearing to occur within 30 days after the filing of the notice; and

            (3)      if the party whose condition cannot be fulfilled fails to enter into a new consent, the juvenile court shall:

                  (i)      set aside the guardianship order;

                  (ii)      set the case in for a prompt trial on the merits of the guardianship petition; and

                  (iii)      reopen the CINA case for review as required under Title 3, Subtitle 8 of the Courts Article.