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2005 LAWS OF MARYLAND
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Ch. 464
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(D) EFFECT OF NONCOMPLIANCE.
FAILURE TO COMPLY WITH A CONDITION OF AN AGREEMENT MADE UNDER
THIS SECTION IS NOT A GROUND FOR REVOKING CONSENT TO, OR SETTING ASIDE AN
ORDER FOR, AN ADOPTION OR GUARDIANSHIP.
(E) MEDIATION.
IF A DISPUTE AS TO AN AGREEMENT MADE UNDER THIS SECTION ARISES, A
COURT MAY REFER THE PARTIES TO MEDIATION TO TRY TO RESOLVE THE DISPUTE.
(F) ENFORCEMENT.
(1) A JUVENILE COURT OR OTHER COURT OF COMPETENT
JURISDICTION SHALL ENFORCE A WRITTEN AGREEMENT MADE IN ACCORDANCE
WITH THIS SECTION UNLESS ENFORCEMENT IS NOT IN THE ADOPTEE'S BEST
INTERESTS.
(2) IF A PARTY MOVES IN JUVENILE COURT OR ANOTHER COURT OF
COMPETENT JURISDICTION TO MODIFY A WRITTEN AGREEMENT MADE IN
ACCORDANCE WITH THIS SECTION AND SATISFIES THE COURT THAT MODIFICATION
IS JUSTIFIED BECAUSE AN EXCEPTIONAL CIRCUMSTANCE HAS ARISEN AND THE
COURT FINDS MODIFICATION TO BE IN AN ADOPTEE'S BEST INTERESTS, THE COURT
MAY MODIFY THE AGREEMENT.
COMMITTEE NOTE: This section is new and added to create a formal
procedure for postadoption visits or other contact. This section is
applicable to cases filed on or before September 30, 2005 but is not
intended to preclude other agreements not intended to invalidate
agreements entered into on or before September 30 December 31, 2005.
New subsection (f)(1) provides for any court of competent jurisdiction to
enforce an agreement, although the Committee believes it would be best
for parties to return to a juvenile court.
As to "minor", see Art. 1, § 24 of the Code.
Defined terms: "Adoptive parent" § 5-101
"CINA case" § 1-101
"Guardianship" § 5-301
"Identifying information" § 5-301
"Juvenile court" § 1-101
"Parent" § 5-301
"Party" § 5-301
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- 2604 -
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