680                                     LAWS OF MARYLAND                             Ch. 296

75.

(A)   AFTER A CHILD HAS BEEN UNDER CONTINUOUS FOSTER
CARE FOR A PERIOD OF [[TWO]] [[THREE)] TWO CONSECUTIVE
YEARS UNDER THE CUSTODY OF AN AGENCY AUTHORIZED BY
LAW TO MAKE PLACEMENTS, IT SHALL BE PRESUMED BY THE
COURT THAT IT IS IN THE BEST INTERESTS OF THE CHILD TO
AWARD TO THAT AGENCY. A DECREE GRANTING GUARDIANSHIP
WITH THE RIGHT TO CONSENT TO ADOPTION OR LONG TERM
CARE SHORT OF ADOPTION , WITHOUT THE CONSENT OF THE
NATURAL PARENT OR PARENTS [[.]]; PROVIDED THAT NOTICE
OTHERWISE REQUIRED BY LAW HAS BEEN GIVEN.

(B)   THE COURT IN CONSIDERING EVIDENCE TO REBUT THIS
PRESUMPTION, AMONG OTHER FACTORS, SHALL CONSIDER THE
FOLLOWING:

(1)  THE INTERACTION AND INTERRELATIONSHIP OF THE CHILD
WITH HIS NATURAL AND FOSTER PARENT OR PARENTS, HIS
SIBLINGS, AND ANY OTHER PERSON WHO MAY SIGNIFICANTLY
AFFECT THE CHILD'S BEST INTERESTS;

(2)   THE CHILD'S ADJUSTMENT TO HIS HOME, SCHOOL, AND
COMMUNITY; AND

(3)  THE MENTAL AND PHYSICAL HEALTH OF ALL INDIVIDUALS
[[INVOLVED]] REFERRED TO IN SUBPARAGRAPH (1).

(C) ADDITIONALLY, IN ORDER TO REBUT THE PRESUMPTION,
THE COURT SHALL REQUIRE SUBSTANTIAL PROOF THAT:

(1)  THE NATURAL PARENT WILL BE ABLE TO RESUME HIS OR
HER PARENTAL DUTIES WITHIN A REASONABLE PERIOD OF TIME;
OR

(2)  THE NATURAL PARENT HAS PLAYED A CONSTRUCTIVE ROLE
IN THE CHILD'S WELFARE DURING THE TIME HE HAS BEEN IN
FOSTER CARE.

IN EVALUATING THE PARENT'S [[CONSTRUCTIVE]] ROLE, THE
COURT [[SHALL]] MAY CONSIDER, AMONG OTHER FACTORS. (1)
THE FREQUENCY AND REGULARITY OF PERSONAL CONTACT WITH
THE CHILD, 121 DEMONSTRATED LOVE AND AFFECTION, (3)
PARENTAL ARRANGEMENT FOR THE CHILD'S FUTURE
EDUCATION [[,]] AND FINANCIAL SUPPORT , BOTH. IN RELATION
TO THE PARENT'S MEANS. (D) NOTHING HEREIN SHALL PREVENT
A CHILD UNDER FOSTER CARE FROM BEING ADOPTED PURSUANT
TO SECTION 74 EVEN IF THE PERIOD OF CONTINUOUS FOSTER
CARE IS LESS THAN TWO CONSECUTIVE YEARS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 7, 1973.