2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 3-816 - Study concerning matters relevant to case

§3-816.

(a) After a petition is filed under this subtitle, the court may order the local department or another qualified agency to make or arrange for a study concerning the child, the child’s family, the child’s environment, and other matters relevant to the disposition of the case.

(b) (1) As part of a study under this section, the court may order that the child or any parent, guardian, or custodian be examined at a suitable place by a physician, psychiatrist, psychologist, or other professionally qualified person.

(2) (i) The court may not order an inpatient evaluation unless, after a hearing, the court finds that an inpatient evaluation is necessary and there are no less restrictive means to obtain an evaluation.

(ii) Placement in an inpatient facility may not exceed 21 days unless the court finds good cause.

(c) (1) The report of a study under this section is admissible as evidence at a disposition hearing but not at an adjudicatory hearing.

(2) The attorney for each party has the right to receive the report at least 5 days before its presentation to the court, to challenge or impeach its findings and to present appropriate evidence with respect to it.

(3) The time requirement specified in paragraph (2) of this subsection does not apply to an emergency dispositional review hearing held in accordance with § 3-820 of this subtitle.

§ 3-816 - 1. Findings in certain hearings

(a) Applicability of section. -- The provisions of this section apply to a hearing conducted in accordance with § 3-815, § 3-817, § 3-819, or § 3-823 of this subtitle or a review hearing conducted in accordance with § 5-326 of the Family Law Article in which a child is placed under an order of guardianship, commitment, or shelter care.

(b) Findings required. --

(1) In a hearing conducted in accordance with § 3-815, § 3-817, § 3-819, or § 3-823 of this subtitle, the court shall make a finding whether the local department made reasonable efforts to prevent placement of the child into the local department's custody.

(2) In a review hearing conducted in accordance with § 3-823 of this subtitle or § 5-326 of the Family Law Article, the court shall make a finding whether a local department made reasonable efforts to:

(i) Finalize the permanency plan in effect for the child; and

(ii) Meet the needs of the child, including the child's health, education, safety, and preparation for independence.

(3) In a hearing conducted in accordance with § 3-815, § 3-817, or § 3-819 of this subtitle, before determining whether a child with a developmental disability or a mental illness is a child in need of assistance, the court shall make a finding whether the local department made reasonable efforts to prevent placement of the child into the local department's custody by determining whether the local department could have placed the child in accordance with a voluntary placement agreement under § 5-525(b)(1)(i) or (iii) of the Family Law Article.

(4) The court shall require a local department to provide evidence of its efforts before the court makes a finding required under this subsection.

(5) The court's finding under this subsection shall assess the efforts made since the last adjudication of reasonable efforts and may not rely on findings from prior hearings.

(c) Considerations. -- In making its findings in accordance with subsection (b) of this section, the court shall consider:

(1) The extent to which a local department has complied with the law, regulations, state or federal court orders, or a stipulated agreement accepted by the court regarding the provision of services to a child in an out-of-home placement;

(2) Whether a local department has ensured that:

(i) A caseworker is promptly assigned to and actively responsible for the case at all times;

(ii) The identity of the caseworker has been promptly communicated to the court and the parties; and

(iii) The caseworker is knowledgeable about the case and has received on a timely basis all pertinent files and other information after receiving the assignment from the local department;

(3) For a hearing under § 3-823 of this subtitle, whether a local department has provided appropriate services that facilitate the achievement of a permanency plan for the child, including consideration of in-State and out-of-state placement options;

(4) Whether the child's placement has been stable and in the least restrictive setting appropriate, available, and accessible for the child during the period since the most recent hearing held by the court;

(5) Whether a local department notified the court and all parties before any change of placement for the child, or, if emergency conditions made a change necessary, as soon as possible after the change of placement;

(6) On receipt of a report of maltreatment of a child occurring while the child is in the custody of a local department, whether the local department provided the appropriate parties, including the child's attorney, a report or notice of a report of the suspected maltreatment of the child and of the disposition of the investigation within the time required by regulation and court order; and

(7) Whether a local department has provided appropriate and timely services to help maintain the child in the child's existing placement, including all services and benefits available in accordance with State law, regulations, state and federal court orders, stipulated agreements, or professional standards regarding the provision of services to children in out-of-home placements.

(d) Factors not to be considered. -- In making a finding in accordance with subsection (b) of this section, a court may not consider a potential loss of federal funding for placement of a child that may result from a determination that reasonable efforts were not made.

(e) Writing. -- A court shall make the findings required under subsection (b) of this section in writing if it finds that reasonable efforts are being made for a child, but also finds that at least one of the following conditions exists:

(1) A local department did not comply with law, regulations, court orders, or agreements described in subsection (c)(1) of this section;

(2) A local department did not ensure continuity of casework as described in subsection (c)(2) of this section;

(3) A local department did not provide the services described in subsection (c)(3) of this section;

(4) During the period since the most recent court hearing, the child has not been placed in a stable placement or in the least restrictive setting appropriate, available, and accessible for the child;

(5) A local department failed to provide reports or notices of reports in a timely manner as described in subsection (c)(5) or (6) of this section; or

(6) A local department has not provided the services described in subsection (c)(7) of this section.

(f) Notice of written findings. -- If the court finds that reasonable efforts for a child were not made in accordance with subsection (b) of this section or finds that reasonable efforts were made but that one of the conditions described in subsection (e) of this section exists, the court promptly shall send its written findings to:

(1) The director of the local department;

(2) The Social Services Administration;

(3) The State Citizens Review Board for Children established under § 5-535 of the Family Law Article;

(4) If applicable, the local citizens review panel established under § 5-539.2 of the Family Law Article; and

(5) Any individual or agency identified by a local department or the court as responsible for monitoring the care and services provided to children in the legal custody or guardianship of the local department on a systemic basis.

§ 3-816 - 2. Review hearings [Effective October 1, 2013].

(a) In general. --

(1) 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.

(2) At a review hearing under this section, the court shall:

(i) Evaluate the safety of the child;

(ii) Determine the continuing necessity for and appropriateness of any out-of-home placement;

(iii) Determine the appropriateness of and extent of compliance with the case plan for the child;

(iv) Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating the court's jurisdiction; and

(v) 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.

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

§ 3-816 - 3. Rights of preadoptive parents, foster parents, and caregivers of child [Effective October 1, 2013].

(a) "Preadoptive parent" defined. -- In this section, "preadoptive parent" means an individual whom a child placement agency, as defined in § 5-101 of the Family Law Article, approves to adopt a child who has been placed in the individual's home for adoption before the order of adoption.

(b) Notice. -- Unless waived for good cause, before any proceeding concerning a child, the local department shall give at least 10 days' notice in writing to the child's foster parent, preadoptive parent, or caregiver of the date, time, and place of the proceeding and of the right to be heard at the proceeding.

(c) Right to be heard at proceedings. -- The foster parent, preadoptive parent, caregiver, or an attorney for the foster parent, preadoptive parent, or caregiver shall be given the right to be heard at the proceeding.

(d) Status as party. -- The foster parent, preadoptive parent, caregiver, or attorney may not be considered to be a party solely on the basis of the right to notice and the right to be heard provided under this section.