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ROBERT L. EHRLICH, JR., Governor
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Ch. 404
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3-823.
(a) In this section, "out-of-home placement" has the meaning stated in
§ 5-501 of the Family Law Article.
(b) (1) The court shall hold a permanency planning hearing to determine the
permanency plan for a child:
(i) No later than 11 months after a child committed under § 3-819
of this subtitle or continued in a voluntary placement under § 3-819.1(b) of this
subtitle enters an out-of-home placement; or
(ii) Within 30 days after the court finds that reasonable efforts to
reunify a child with the child's parent or guardian are not required based on a finding
that a circumstance enumerated in § 3-812 of this subtitle has occurred.
(2) For purposes of this section, a child shall be considered to have
entered an out-of-home placement 30 days after the child is placed into an
out-of-home placement.
(3) If all parties agree, a permanency planning hearing may be held on
the same day as the reasonable efforts hearing.
(c) (1) On the written request of a party or on its own motion, the court may
schedule a hearing at any earlier time to determine a permanency plan or to review
the implementation of a permanency plan for any child committed under § 3-819 of
this subtitle.
(2) A written request for review shall state the reason for the request
and each issue to be raised.
(d) At least 10 days before the permanency planning hearing, the local
department shall provide all parties and the court with a copy of the local
department's permanency plan for the child.
(e) (1) At a permanency planning hearing, the court shall:
[(1)] (I) Determine the child's permanency plan, which, SUBJECT TO
PARAGRAPH (2) OF THIS SUBSECTION, TO THE EXTENT CONSISTENT WITH THE BEST
INTERESTS OF THE CHILD, may be, IN DESCENDING ORDER OF PRIORITY:
[(i)] 1. Reunification with the parent or guardian;
[(ii)] 2. Placement with a relative for:
[1.] A. Adoption; or
[2.] B. Custody and guardianship;
[(iii)] 3. Adoption by a nonrelative;
[(iv)] 4. Guardianship by a nonrelative;
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- 1879 -
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