HARRY HUGHES, Governor

3211

RIGHT TO RECEIVE NOTIFICATION, THE COURT SHALL HOLD A
HEARING, AFTER NOTICE TO THE PARENT AT THE LAST KNOWN
ADDRESS WHICH THE GUARDIAN HAS FOR THE PARENT. OTHERWISE,
THE COURT MAY ON ITS OWN MOTION HOLD A HEARING.

(E) ON ITS REVIEW OF THE REPORT, OR AS THE RESULT OF A
HEARING, THE COURT SHALL TAKE WHATEVER ACTION IT DEEMS
APPROPRIATE IN THE CHILD'S BEST INTEREST.

76.

(A) A DECREE OF ADOPTION OR GUARDIANSHIP MAY BE
GRANTED WITHOUT THE CONSENTS OF THE NATURAL PARENTS REQUIRED
UNDER §§ 72 AND 73 OF THIS ARTICLE, IF THE COURT FINDS BY
CLEAR AND CONVINCING EVIDENCE THAT TERMINATION OF THE
NATURAL PARENTS' RIGHTS IS IN THE CHILD'S BEST INTEREST, AND
THAT ONE OR MORE OF THE FOLLOWING CIRCUMSTANCES OR SETS OF
CIRCUMSTANCES EXISTS:

(1)  THE CHILD IS ALLEGED TO HAVE BEEN ABANDONED
AND AFTER A THOROUGH INVESTIGATION BY THE CHILD PLACEMENT
AGENCY, IT IS CONCLUDED THAT THE IDENTITY OF THE PARENTS IS
UNKNOWN AND NO ONE HAS CLAIMED TO BE THE PARENT OF THE CHILD
WITHIN 2 MONTHS. OF THE ALLEGED ABANDONMENT.

(2)  THE CHILD HAS BEEN ADJUDICATED A CHILD IN
NEED OF ASSISTANCE, NEGLECTED, ABUSED, OR DEPENDENT IN A
PRIOR JUVENILE PROCEEDING. IN DETERMINING WHETHER
TERMINATION OF NATURAL PARENTS' RIGHTS IS IN THE CHILD'S
BEST INTEREST IN THIS CASE, THE COURT SHALL CONSIDER THE
FACTORS IN SUBSECTION (B) OF THIS SECTION, AND ONE OF THE
FOLLOWING CONTINUING OR SERIOUS CONDITIONS OR ACTS OF THE
PARENTS:

(I)  A DISABILITY WHICH RENDERS THE PARENT
CONSISTENTLY UNABLE TO CARE FOR THE IMMEDIATE AND ONGOING
PHYSICAL OR PSYCHOLOGICAL NEEDS OF THE CHILD FOR EXTENDED
PERIODS OF TIME;

(II)  ACTS OF ABUSE OR NEGLECT TOWARD ANY
CHILD IN THE FAMILY; OR

(III)  REPEATED OR CONTINUOUS FAILURE BY
THE PARENTS, ALTHOUGH PHYSICALLY AND FINANCIALLY ABLE, TO
PROVIDE THE CHILD WITH ADEQUATE FOOD, CLOTHING, SHELTER, AND
EDUCATION, OR OTHER CARE AND CONTROL NECESSARY FOR THE
CHILD'S PHYSICAL, MENTAL, OR EMOTIONAL HEALTH AND
DEVELOPMENT. HOWEVER, A PARENT LEGITIMATELY PRACTICING
RELIGIOUS BELIEFS WHO DOES NOT PROVIDE SPECIFIED MEDICAL
TREATMENT FOR A CHILD, IS NOT FOR THAT REASON ALONE A
NEGLIGENT PARENT.

(3) (I) 1. THE CHILD HAS BEEN CONTINUOUSLY OUT
OF THE CUSTODY OF THE PARENT AND IN THE CUSTODY OF A CHILD
PLACEMENT AGENCY FOR AT LEAST 1 YEAR;