HARRY HUGHES, Governor

3213

(III)  THE MAINTENANCE OF REGULAR CONTACT
OR COMMUNICATION WITH THE LEGAL OR OTHER CUSTODIAN OF THE
CHILD; AND

(IV)  WHETHER ADDITIONAL SERVICES WOULD BE
LIKELY TO BRING ABOUT LASTING PARENTAL ADJUSTMENT ENABLING A
RETURN OF THE CHILD TO THE PARENT WITHIN AN ASCERTAINABLE
PERIOD OF TIME, ALTHOUGH THE COURT MAY NOT CONSIDER WHETHER
THE MAINTENANCE OF THE PARENT-CHILD RELATIONSHIP MAY SERVE
AS AN INDUCEMENT FOR THE PARENT'S REHABILITATION.

(C) (1) IF A CHILD HAS BEEN UNDER CONTINUOUS FOSTER
CARE IN THE CUSTODY OF A CHILD PLACEMENT AGENCY FOR AT LEAST
2 YEARS, THE COURT SHALL PRESUME THAT IT IS IN THE CHILD'S
BEST INTEREST TO AWARD TO THAT CHILD PLACEMENT AGENCY A
DECREE GRANTING GUARDIANSHIP, WITHOUT THE CONSENT OF THE
PARENTS.

(2) IN CONSIDERING EVIDENCE TO REBUT THIS
PRESUMPTION THE COURT SHALL CONSIDER ALL OF THE FACTORS
ENUMERATED IN SUBSECTION (B) OF THIS SECTION, WITH THE
EXCEPTION OF PARAGRAPH (5)(IV).

77.

(A) (1) THIS SECTION APPLIES ONLY TO INDEPENDENT
ADOPTIONS WHERE PARENTAL CONSENT IS WITHHELD.

(2) NOTHING IN THIS SECTION PERMITS A LICENSED
FOSTER PARENT TO PETITION FOR ADOPTION OF A CHILD PLACED
WITH THE FOSTER PARENT BY A CHILD PLACEMENT AGENCY WITHOUT
THE CONSENT OF THE CHILD PLACEMENT AGENCY.

(B)  A PETITION FOR ADOPTION MAY BE FILED BY A DECREE
OF ADOPTION MAY BE GRANTED TO A STEPPARENT, RELATIVE, OR
OTHER PERSON WHO HAS EXERCISED PHYSICAL CARE, CUSTODY, OR
CONTROL OF A CHILD FOR AT LEAST 1 YEAR. A DECREE OF
ADOPTION MAY BE GRANTED IN THIS CASE WITHOUT A NATURAL
PARENT'S CONSENT REQUIRED UNDER § 72 OF THIS ARTICLE, IF THE
COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT
TERMINATION OF THE NATURAL PARENT'S RIGHTS IS IN THE CHILD'S
BEST INTEREST, AND:

(1)  THE CHILD HAS BEEN OUT OF THE CUSTODY OF THE
PARENT FOR AT LEAST 3 YEARS;

(2)  THE CHILD HAS DEVELOPED SIGNIFICANT FEELINGS
AND EMOTIONAL TIES WITH THE PERSON SEEKING TO ADOPT; AND

(3)  ONE OF THE FOLLOWING HAS OCCURRED:

(I) THE PARENT, GIVEN THE OPPORTUNITY, HAS
NOT MAINTAINED MEANINGFUL CONTACT WITH THE CHILD DURING THE
TIME THAT THE CHILD HAS BEEN IN THE CUSTODY OF THE PERSON
SEEKING TO ADOPT;